Below, please find a recent article about our client’s investment dispute against the Republic of Belarus, which concerns his wrongful imprisonment for six years in inhuman conditions, following the expropriation of his seamless steel tube plant, located in Gomel, with no compensation. – William Kirtley A Ukrainian businessman and his Swiss company accuse Belarus of […]
The Importance Of The Seat Of Arbitration
Choosing an appropriate “seat” or “place” of arbitration is critical. There are a few common misconceptions with respect to the seat. The seat need not be the same as the governing law of the contract, or be based in the same place as the chosen arbitral institution. Thus, there is no reason why a contract […]
The ICC’s New Mediation Rules
On 4 December 2013, the International Chamber of Commerce (ICC) published its new Mediation Rules, which come into effect on 1 January 2014. These Rules replace the ICC’s current Amicable Dispute Resolution (ADR) Rules, which have been in force since 1 July 2001. They are available on the ICC’s website, at https://iccwbo.org/products-and-services/arbitration-and-adr/mediation/rules/. The change in name (from […]
International Arbitration And Discovery In The U.S. (Section 1782)
U.S. discovery traces its roots to the 1789 Judiciary Act, which legal historians generally view as a poorly-drafted and poorly-conceived piece of legislation. One of the worst aspects of U.S. litigation, and there are many, is its ridiculous discovery rules, which can result in far more work than the underlying issues in a given dispute […]
Israeli-Palestinian ICC Arbitration Center Nears Completion
The ICC’s Israeli-Palestinian Jerusalem Arbitration Center is reportedly to begin functioning soon. This neutral arbitration center, a creation of Paris’ neutral ICC International Court of Arbitration, is intended to resolve commercial conflicts concerning the 3-4 billion USD of trade between Palestinians and Israelis. Previously, such commercial conflicts had to be resolved either before the courts […]