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 […]
Provisional Measures in ICSID Investment Arbitration
The International Centre for the Settlement of Investment Disputes (ICSID) Convention allows parties to an ICSID arbitration to request provisional measures from arbitral tribunals. Provisional measures are frequently requested in the course of arbitrations, and the ICSID has compiled a comprehensive table with past requests for provisional measures, showing when requests for provisional measures in […]
S SpA v. T GmbH, Oberster Gerichtshof, Case No. 180Cg1/15v, 23 June 2015
This case, resulting from a partial award rendered in a VIAC commercial arbitration, concerns the formal requirements of the validity of an arbitration agreement under Austrian law. The facts are as follows: a German consultant signed a contract for service with S SpA, an Italian company, for the sale of heat exchangers. This contract was […]
Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)
This ICC arbitral award concerns the notion of estoppel and a Representation Agreement between the parties, and whether a contract was valid and enforceable despite a United Nations embargo, with respect to a contract under Swiss law. While the contract was being performed, an Iraq embargo was ordered by the United Nations following the invasion […]