The introduction of the ICC Expedited Arbitration Procedure Rules (“Expedited Procedure Rules”) was one of the main innovations of the 2017 amendments to the ICC Arbitration Rules. Expedited arbitration differs from a standard arbitration proceeding, as it provides a simplified procedure, with the goal of diminishing time and costs while promoting efficiency in international arbitration. […]
Partial Awards on Unpaid Costs in International Arbitration
Unpaid costs in international arbitration are relatively common. Most rules of arbitral institutions provide that the parties must bear the costs of arbitration in equal shares. Difficulties may arise when one of the parties, usually the respondent, refuses to pay its share of advances on costs to cover the expenses related to the arbitration, including […]
English Court Upholds Arbitration Award of Third-Party Funding Costs
In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]
FIDIC Dispute Resolution Mechanism
In December 2017, the Fédération Internationale Des Ingénieurs-Conseils, more commonly known as FIDIC, released a revised version of the FIDIC Conditions of Contract (Second edition)(the “2017 FIDIC Contracts”),[1] introducing some notable changes to the dispute resolution mechanism in comparison to the well-worn 1999 edition.[2] The 2017 FIDIC Contracts maintain the already well known multi-tiered approach […]
2021 International Arbitration Survey – Adapting Arbitration to a Changing World
The twelfth empirical study of the School of International Arbitration, Queen Mary University of London, in partnership with White & Case LLP, the 2021 International Arbitration Survey (“International Arbitration Survey”), explores recent trends in international arbitration and especially how international arbitration practice has adapted and continues to adapt to the global changes wrought by the […]