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 […]
Limitations on Post-Award Remedies under the ICC Rules
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, […]
Limits to the Police Powers Doctrine
According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]
The Enforcement of Arbitral Awards in the UAE
The United Arab Emirates (‘UAE’) ratified the New York Convention in July 2006. There are two ways to enforce foreign arbitral awards in UAE. The recommended one is using the two-level civil court system of the Dubai International Financial Centre (DIFC), since the DIFC courts are generally pro-arbitration and can be expected to enforce a […]
International Commercial Arbitration
International commercial arbitration is a consensual process of adjudication independent from a state’s executive, legislative and judicial powers by which the Parties to a cross border contract agree to submit a dispute to an arbitrator (or panel of arbitrators, usually three), nominated either directly by the Parties or for the Parties by an international arbitration […]