Arbitration is triggered by an arbitration clause in a contract. The arbitration clause will typically provide that if a dispute arises in respect of the contract or matters that come within the ambit of the contract, the matter must be referred to arbitration. Either party to the contract is at liberty to issue a notice […]
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, […]
ICC Counterclaims In International Arbitration – The French Cour de Cassation’s Perspective
The Cour de cassation’s (the French supreme court) recent ruling could be positive news for litigants lacking the resources to pay the ICC’s advance on costs. Pirelli (Italy) brought arbitration proceedings against Licensing Projects (Spain) (LP) over a trade mark dispute in 2007. Later that year, a Spanish court placed LP into a formal insolvency […]
The Impact of the 2012 International Chamber of Commerce (ICC) Rules on Multiparty and Multicontract Disputes
The maximum number of parties involved in an ICC arbitration is at least 141, which is the number of parties to an ICC arbitration initiated by 44 member firms of Arthur Andersen’s Business Unit against 97 members firms of Andersen’s Consultant Business Unit. There, the sole arbitrator ruled that he had jurisdiction over all 141 […]