In international contracts, parties seek above all predictability and effective control of risk. One of the most powerful contractual mechanisms to achieve both objectives is to include a pre-agreed damages clause, commonly referred to as a liquidated damages or penalty clause. Such provisions fix in advance the sum payable where a party fails to perform […]
International Arbitration in Qatar
Arbitration in Qatar has undergone substantial modernisation in recent years, helping to establish the country as a leading regional centre for commercial dispute resolution. This note explores the following aspects of Qatari arbitration: (1) its modern legal framework; (2) the main arbitration institutions based in Qatar; (3) recent arbitration-related case law from the Qatari courts; […]
Delay Claims in International Arbitration
Delay claims are among the most common and contentious issues in international construction arbitration. Whether the project involves an industrial facility, a power plant, an infrastructure network, a data centre, or a residential complex, the reality is familiar to anyone in the industry: projects often take longer than expected.[1] When delays have significant financial consequences, […]
UNCITRAL Arbitration Costs
The United Nations Commission on International Trade Law (“UNCITRAL”) is the central body within the United Nations system responsible for modernising and harmonising international trade law.[1] Although widely used in investment and commercial disputes, it is not an arbitral institution.[2] Instead, parties use the UNCITRAL Arbitration Rules in ad hoc arbitration proceedings or in proceedings […]
Comparing Model Arbitration Clauses: ICC vs. LCIA vs. SIAC
When negotiating contracts, especially those involving cross-border transactions, determining the method for resolving future disputes is critical. Generally, it is a safe and recommended approach to adopt a model arbitration clause provided by well-established arbitral institutions. The International Chamber of Commerce (“ICC”), the London Court of International Arbitration (“LCIA”), and the Singapore International Arbitration Centre […]