Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […]
M&A Arbitration
In recent years, arbitration has become the preferred method of resolving M&A disputes. While the global market shows steady signs of recovery, arbitration is considered an effective means to resolve disputes involving M&A transactions in a wide range of sectors, such as the financial, healthcare, education, energy and technology sectors.[1] Disputes in M&A Transactions M&A […]
Electronic Arbitration Agreements: Admissibility and Enforceability
The volume of cross-border commercial transactions conducted electronically is growing inexorably from year to year. Companies around the world are also increasingly using new electronic contracting tools. Many legal questions have arisen against the background of this paperless process concerning the enforceability of electronically-signed documents. The same issue arises in relation to the arbitration agreement. […]
Initiating Arbitrations Under Multiple Arbitration Agreements
The filing of arbitrations based on multiple arbitration agreements, contained in two (or more) separate contracts, in a single arbitration proceeding may be possible, but must be done with caution. The development of major projects in the fields of engineering, construction, oil and gas, and mining often give rise to situations where related disputes regarding […]
Valuation Date of Expropriated Investment in Investor-State Arbitration
The valuation date of an expropriated investment represents a crucial factor in assessing the amount of compensation to be paid in investor-State arbitrations, as the value of investments may change dramatically over the course of time. Arbitral tribunals are keenly aware that the value of investments change over time. For example, the Iran-US Claims Tribunal […]