The largest and oldest of the arbitral institutions in Serbia was the Foreign Trade Court of Arbitration, established in 1947, which is an independent entity within the Serbian Chamber of Commerce and Industry. In addition, another arbitration institution under the same Chamber which existed was the Permanent Court of Arbitration. As of 30 June 2016, […]
Choice of Law in International Commercial Arbitration
One perk of international arbitration is the possibility to avoid choice-of-law complexities that inevitably arise in an international dispute, although choice of law in international commercial arbitration can pose an issue. There are four different choice-of-law issues in international arbitration that arise: Determination of the substantive law applicable to the merits of the case Determination […]
Perks of International Arbitration Agreements
International arbitration has become increasingly popular because of a number of perks of international arbitration agreements that cannot be found before national or local courts. Although imperfect, this dispute resolution system aims to cure some of the shortcomings of national court systems. The first perk of international arbitration dispute resolution system is its neutrality. The […]
Validity of Appellate Arbitration Clauses
The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]
ICSID Arbitration: Arbitral Tribunal Disqualification Fails
In the context of the ICSID Arbitration BSG Resources Limited and others v. Republic of Guinea, concerning a mining concession, an arbitral tribunal disqualification aimed at an entire arbitral tribunal has failed. The ICSID Administrative Council dismissed a request for the disqualification of the entire arbitral panel by Claimants, which was based on an adverse […]