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 […]
Choosing Arbitrators
It is sometimes argued that arbitration is only as good as the arbitrator, and that defects in international arbitration may be attributed to poor arbitrators. While this oversimplifies a complex issue, choosing the right arbitrator is one of the most critical steps in any arbitration. Unless a specific arbitrator is specified in the arbitration clause, […]
Why Investors Should Attempt To Negotiate Waivers Of Sovereign Immunity With Respect To Specific Assets Or Classes Of Assets
Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
The Secretariat’s Guide to ICC Arbitration (2012)
Jason Fry, Simon Greenberg, Francesca Mazza THE SECRETARIAT’s GUIDE TO ICC ARBITRATION A Practical Commentary on the 2012 ICC Rules of Arbitration from the Secretariat of the ICC International Court of Arbitration With the assistance of Benjamin Moss Contents Foreword Preface Chapter 1: Introduction Chapter 2: A Step-by-Step Overview of ICC Arbitration Procedure Chapter 3: […]