Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]
ICC Emergency Arbitration
ICC emergency arbitration offers parties an alternative to state courts’ jurisdiction in seeking interim or conservatory relief. This procedure was introduced in 2012 with Article 29 of the ICC Rules and Appendix V.[1] The emergency arbitration provisions apply by default to arbitration agreements concluded after 1 January 2012 unless the parties have opted out.[2] The […]
Summary Procedures in International Arbitration
Summary procedures in international arbitration mean procedures by which the arbitral tribunal determines certain points of fact or law at an early stage of the proceedings, potentially dispensing with the need for further arbitration proceedings. Summary proceedings can be a blessing to a respondent facing frivolous claims that obviously lack merit, as a successful dismissal […]
Expedited Arbitration
Expedited arbitration (or fast-track arbitration) has gained traction in recent years, in response to the length and cost of traditional international arbitration. The first expedited arbitration scheme appears to have been introduced in the 1992 Arbitration Rules of the Geneva Chamber of Commerce and Industry Arbitration Rules (“CCIG”).[1] Today, most leading arbitral institutions have adopted specific […]
How to Commence an ICC Arbitration
Your company could not find a way to resolve a dispute it has with its business partner, and its agreement contains an ICC arbitration clause? Then, it may be time to commence an ICC arbitration. Commencing an ICC arbitration is not hard to do. Arbitration Clause to Commence an ICC Arbitration In order to commence […]