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Escalation Clauses in the ICC Mediation Rules

19/06/2016 by International Arbitration

ICC ADR

On 1 January 2014, the Mediation Rules of the International Chamber of Commerce came into force (ICC Mediation Rules), thereby replacing ICC’s Amicable Dispute Resolution Rules. While arbitration under the ICC Arbitration Rules leads to a binding decision from an independent and neutral tribunal, the ICC Mediation procedure seeks to help the Parties reach a […]

Filed Under: Arbitration Agreement, Arbitration Cost, Arbitration Information, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Construction Arbitration, ICC Arbitration, International Mediation, Jurisdiction

Tribunal’s Role in Arbitration Document Production under the ICC Rules  

11/06/2016 by International Arbitration

document production arbitration

Arbitration document production is a “process by which a party can request the production of documents that are in another party’s possession”. Despite the IBA Rules on the Taking of Evidence in International Arbitration to provide guidance, the absence of uniform rules on document production in international arbitration marks deep legal and cultural differences globally with […]

Filed Under: Document Production in Arbitration, France Arbitration, ICC Arbitration, International Arbitration Law, Paris Arbitration

Arbitration Clause Tips

11/06/2016 by International Arbitration

arbitration clause tips

The “arbitration clause” or the “arbitration agreement” is the provision in a contract that allows the parties to have their dispute resolved by an arbitral tribunal instead of ordinary State courts. An arbitration clause is binding and the parties cannot renounce unilaterally to the jurisdiction of the arbitral tribunal. In order to draft an effective […]

Filed Under: Annulment of Arbitration Award, Arbitration Agreement, Arbitration Award, Arbitration Jurisdiction, France Arbitration, ICC Arbitration, Jurisdiction, Law Of The Sea, London Arbitration, Paris Arbitration, Switzerland Arbitration, United Kingdom Arbitration

The Case of an Arbitrator Late Nomination under the 2012 ICC Rules

06/06/2016 by International Arbitration

Late Nomination of Arbitrator

The case of an arbitrator late nomination is an unusual one under the ICC Rules. Under Article 12(4) of the 2012 ICC Rules, in the event that the parties have agreed upon a three-member tribunal, the claimant proceeds with the nomination of its co-arbitrator in the Request, and the respondent nominates its co-arbitrator in the […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Jurisdiction, Arbitrator, Enforcement of Arbitration Award, ICC Arbitration, Jurisdiction, New York Convention

International Arbitrator Immunity under UAE Law

06/06/2016 by International Arbitration

international arbitrator immunity uae law

International arbitrator immunity is typically provided for in domestic legal regimes. As noted by commentators, “almost all contemporary national arbitration regimes provide international arbitrators with expansive statutory or common law immunities from civil claims based on the performance of their adjudicative functions”[1] for the reason that “[Arbitrators] must of necessity be uninfluenced by any fear of consequences […]

Filed Under: Arbitration Information, Arbitration Jurisdiction, Arbitration Rules, Arbitrator, ICC Arbitration, Jurisdiction, UNCITRAL Arbitration, United Arab Emirates Arbitration

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