In the not-too-distant past, there were only a few individuals acting regularly as arbitrators in international arbitration. Similarly, law firms engaged in international arbitration could be counted on the fingers of one hand. Unsurprisingly, there were a very small number of individuals, generally well-connected, who were called upon to act as arbitrators. This trend, however, […]
Resolving Energy Disputes Through Arbitration
Energy projects are usually long, complex and require a substantial level of capital. Additionally, the sector has significant exposure to geological events, political changes and environmental regulations. For these reasons, disputes are common in the energy sector, and arbitration has become the preferred method of resolving these disputes, particularly at the international level.[1] As noted […]
Provisional Measures in International Arbitration
Provisional measures can be an effective instrument to protect parties’ rights in arbitration. Although there is no widely accepted definition, provisional measures are, in general terms, remedies or relief whose purpose is to safeguard parties’ rights. In international arbitration, institutional rules are generally silent as to the standards and principles for the granting of provisional […]
Settlement and ICC Arbitration
Contrary to what is often believed, most international arbitration cases are resolved through direct settlement between the Parties, or are withdrawn, with relatively few proceeding to a final oral hearing. According to Dispute Resolution Data, which analyzed 3,642 international commercial arbitration cases since 2005, 58.8% of international commercial arbitration cases that were initiated were either […]
The Timing of Payment of Arbitration Advances on Costs
The payment of advances on costs in arbitration aims to ensure that an arbitral institution has sufficient funds to cover the payment of arbitrators’ fees and expenses, as well as costs incurred in the administration of arbitral proceedings. The advances on costs paid to arbitral institutions do not include party costs, such as legal fees […]