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 […]
Arbitration in Iran
Many international commercial agreements including arbitration as a preferred dispute settlement mechanism as compared to local courts have been signed with Iranian parties, some of which call for arbitration to take place in Iran in the event of a dispute. Iran has a modern arbitration regime and advanced domestic legislation already in place concerning arbitration. […]
The OHADA Arbitration Act
The OHADA Arbitration Act is potentially applicable for arbitrations with their seat in Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, the Democratic Republic of Congo (ex-Zaire), the Ivory Coast, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, the Republic of the Congo (Congo-Brazzaville), Senegal, Chad and Togo. The OHADA (Organisation pour l’harmonisation en Afrique du […]