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often believed, most international arbitration cases are resolved through direct settlement between the Parties, or are withdrawn, with relatively few proceeding to a final oral hearing.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 […]
ICC Mediation
The Mediation Rules of the International Chamber of Commerce (the “ICC Mediation Rules” or the “Rules“) came into force on 1 January 2014 to replace the ICC’s 2001 Amicable Dispute Resolution Rules. The ICC International Center for ADR proposes services including expert appraisal and dispute boards, which can be used separately, successively or concurrently. The […]
Witness Statements in International Arbitration
It is common to use witness statements in international arbitration. The witness can typically be any person including officers, representatives or employees of the party for which he/she is to provide testimony.[1] The reasons to use witnesses in international arbitration are multiple: to reinforce evidence already presented in support of a party’s claim(s), to “fill” […]
Drafting an Arbitration Clause in 2021 – Recommendations
Many parties fail to realize that the wording of an arbitration clause is important for arbitration to function smoothly. In practice, one may observe, however, recurrent scenarios where arbitration clauses contain defective wording and, thus, are subject to unnecessary incidents and procedural debates. Such clauses are called “pathological clauses“. They are defined in Fouchard, Gaillard, […]