Introduction Many fail to realise that arbitration proceedings are entirely possible in the absence of an arbitration clause in an underlying contract. The ability to launch arbitration proceedings depends exclusively on the parties’ will since this dispute resolution method is purely consensual. The required will (or consent to arbitration) is often, but not always, encompassed […]
Arbitration and Allegations of Corruption in the Aviation Industry
Reportedly, many agents in the aviation industry have seen their payments halted and contracts terminated by the Airbus Group (“Airbus”) in circumstances where they have done nothing wrong. Many agents have thus reportedly commenced arbitration against the Airbus Group on the basis of breach of contract. This curious situation in the aviation industry appears to […]
Colombia Arbitration Proceedings: Fool’s Gold?
What connects General José Fernández de Santillán, emeralds and Colombia arbitration proceedings? More than one would think. If Mr. Fernandez de Santillán had defeated the British squadron on 8 June 1708, the myth of a galleon carrying vast amounts of treasure would never have been born. One of the most interesting recent international arbitrations would […]
International Commercial Arbitration in Serbia
International commercial arbitration is a popular method for resolving international commercial disputes in Serbia and a preferable alternative to State courts, where proceedings remain slow and can take years to a final judgement. The arbitration regime in Serbia was enhanced when, in 2006, the Serbian government passed a new Serbian Arbitration Act, a modern law adopted […]
Top 10 Tips for Drafting Better International Arbitration Clauses
Drafting international arbitration clauses in your contract appears like a simple task from the outset. There are many examples online – all you need to do is to take the existing template, copy/paste it and tailor it to your needs. However, is this really true? Arbitration is generally considered as a faster, cheaper and more […]