Choosing an appropriate “seat” or “place” of arbitration is critical. There are a few common misconceptions with respect to the seat. The seat need not be the same as the governing law of the contract, or be based in the same place as the chosen arbitral institution. Thus, there is no reason why a contract […]
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 […]
2013 Corporate Counsel Survey on Arbitration
PWC’s 2013 corporate counsel survey has some interesting insights concerning the state of arbitration today. It is available here: Corporate Counsel Survey Regarding Arbitration The primary findings include: – Businesses continue to show a preference for using arbitration over litigation for transnational disputes, although concerns remain about the costs of arbitration. – The survey confirms that arbitration is more popular in […]