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Escalation Clauses in the ICC Mediation Rules

19/06/2016 by International Arbitration

ICC ADR

On 1 January 2014, the Mediation Rules of the International Chamber of Commerce came into force (ICC Mediation Rules), thereby replacing ICC’s Amicable Dispute Resolution Rules. While arbitration under the ICC Arbitration Rules leads to a binding decision from an independent and neutral tribunal, the ICC Mediation procedure seeks to help the Parties reach a […]

Filed Under: Arbitration Agreement, Arbitration Cost, Arbitration Information, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Construction Arbitration, ICC Arbitration, International Mediation, Jurisdiction

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

International Arbitrator Immunity under UAE Law

06/06/2016 by International Arbitration

international arbitrator immunity uae law

International arbitrator immunity is typically provided for in domestic legal regimes. As noted by commentators, “almost all contemporary national arbitration regimes provide international arbitrators with expansive statutory or common law immunities from civil claims based on the performance of their adjudicative functions”[1] for the reason that “[Arbitrators] must of necessity be uninfluenced by any fear of consequences […]

Filed Under: Arbitration Information, Arbitration Jurisdiction, Arbitration Rules, Arbitrator, ICC Arbitration, Jurisdiction, UNCITRAL Arbitration, United Arab Emirates 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

Philip Morris Arbitration Award Made Public

18/05/2016 by International Arbitration

Philip Morris Plain Packaging

The Philip Morris arbitration award rendered by arbitrators Professor Don McRae, Professor Gabrielle Kaufmann-Kohler and Dr. Karl-Heinz Böckstiegel as presiding arbitrator, has finally been made public. The controversial arbitration was brought by Philip Morris in response to Australia’s plain packaging legislation for cigarettes. On 18 December 2015, the arbitration tribunal decided that it had no […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Information, Arbitration Jurisdiction, Australia Arbitration, ICSID Arbitration, Investor State Dispute Settlement, Jurisdiction, PCA Arbitration, UNCITRAL Arbitration

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  • Vienna International Arbitration Centre (VIAC)

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