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, […]
How Should An Engineer’s/Dispute Adjudication Board’s Decision Be Enforced?
A crucial legal issue in relation to international construction contracts over the past decade has concerned the manner in which decisions of the Engineer made under Clause 67 of the FIDIC Conditions of Contract for Works of Civil Engineering Construction, fourth edition, 1987, and, since the Engineer was replaced by the Dispute Adjudication Board (“DAB”) in the 1999 edition of the FIDIC Conditions […]
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: […]
UK Supreme Court Again Considers Anti-Suit Injunctions
UK SUPREME COURT AGAIN CONSIDERS ANTI-SUIT INJUNCTIONS Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 In a decision in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35, handed down on 12 June 2013, the Supreme Court considered whether the English courts had jurisdiction to issue […]
Myanmar becomes the 149th State party to the New York Convention
I am pleased to inform you that the Myanmar, which has been gradually re-entering the international community, has deposited its instrument of accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. With an accession made without any reservation, Myanmar becomes the 149th State party to the Convention, which spans all major […]