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Arbitration Clause Tips

11/06/2016 by International Arbitration

arbitration clause tips

The “arbitration clause” or the “arbitration agreement” is the provision in a contract that allows the parties to have their dispute resolved by an arbitral tribunal instead of ordinary State courts. An arbitration clause is binding and the parties cannot renounce unilaterally to the jurisdiction of the arbitral tribunal. In order to draft an effective […]

Filed Under: Annulment of Arbitration Award, Arbitration Agreement, Arbitration Award, Arbitration Jurisdiction, France Arbitration, ICC Arbitration, Jurisdiction, Law Of The Sea, London Arbitration, Paris Arbitration, Switzerland Arbitration, United Kingdom Arbitration

Time Limits to Initiate an Investment Arbitration

06/06/2016 by International Arbitration

statute of limitations arbitrations

The initiation of arbitration proceedings on the basis of investment protection treaties may be subject to time limitations (ratione temporis limitations). The most common types of time limits are the provisions establishing cooling-off periods that may require claimants to wait and attempt to solve the dispute amicably before they can bring a claim. Less common […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Cost, Arbitration Jurisdiction, Canada Arbitration, Dominica Arbitration, Dominican Republic Arbitration, Energy Charter Treaty, Honduras Arbitration, ICSID Arbitration, Investor State Dispute Settlement, Jurisdiction

The Case of an Arbitrator Late Nomination under the 2012 ICC Rules

06/06/2016 by International Arbitration

Late Nomination of Arbitrator

The case of an arbitrator late nomination is an unusual one under the ICC Rules. Under Article 12(4) of the 2012 ICC Rules, in the event that the parties have agreed upon a three-member tribunal, the claimant proceeds with the nomination of its co-arbitrator in the Request, and the respondent nominates its co-arbitrator in the […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Jurisdiction, Arbitrator, Enforcement of Arbitration Award, ICC Arbitration, Jurisdiction, New York Convention

The Role of the Arbitral Tribunal Assistant in the Yukos Awards

06/06/2016 by International Arbitration

arbitral tribunal assistant

When The Hague District Court annulled the Yukos awards on 20 April 2016 for a lack of a valid arbitration agreement, it did not consider it necessary to rule on the other grounds raised by the Russian Federation, in particular the argument that the Tribunal failed to personally fulfill its duty because of the alleged […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Information, Arbitrator, Energy Charter Treaty, New York Convention, PCA Arbitration, Russia Arbitration

Limitations on Post-Award Remedies under the ICC Rules

06/06/2016 by International Arbitration

errors icc

There are limitations on post-award remedies under the ICC Rules because one of the main reasons that private parties seek to have disputes resolved via international arbitration rather than national courts is the final and binding nature of arbitral awards. Due to human beings’ fallibility, “all arbitral awards, like all national court judgments and academic treatises, […]

Filed Under: Annulment of Arbitration Award, Arbitration Award, Arbitration Information, Arbitration Procedure, Arbitration Rules, ICC Arbitration, Interim Measures, International Mediation

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  • Vienna International Arbitration Centre (VIAC)

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