International arbitration agreements usually take the form of clauses in commercial contracts or investment treaties by which the Parties agree to arbitrate future disputes (agreement to compromise). International arbitration agreements are stand alone contracts which, according to the separability doctrine, will survive the underlying contract which contains them in the event that such contract is […]
A Short Analysis of the Kılıç Ad-Hoc Committee’s Decision on Annulment: Can an Investor Directly Apply to International Arbitration without Resorting to Local Courts?
By Turgut Aycan Özcan & Timuçin Demir Everything concerning the Kılıç Ad-Hoc Committee’s Decision on Annulment of course started with the decision rendered in the ICSID case between a Turkish construction company, Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (“Kılıç”), and Turkmenistan. Kılıç had filed an ICSID case (ICSID Case No. ARB/10/01) against Turkmenistan […]
Arbitration in Lebanon
Arbitration in Lebanon Historical Background Of Arbitration In Lebanon Arbitration in Lebanon is common, and Lebanon is considered to be one of the friendliest countries for arbitration in the Middle East. The Lebanese legislation on arbitration is modern, meaning that it recognizes all well-established principles in international arbitration. In many respects, it is similar to the […]
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration?
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration? While the impact of different legal cultures on international arbitration is a topic that is frequently explored, since it impacts such issues as discovery, the scope of the written procedure and the scope of the oral proceedings, one basic […]
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards Under The New York Convention. The grounds for resisting the recognition and enforcement of arbitration awards under the New York Convention are often poorly explained. The New York Convention, which governs the recognition of foreign arbitration awards in 150 countries, imposes a mandatory rule that […]