The New York Convention compels its 157 contracting Parties to enforce arbitration awards: “A New York Convention award may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”. This enforcement requirement, found in Section 101 of the Arbitration Act 1996, is however […]
Definition of Arbitration
Arbitration is a dispute resolution process agreed between parties in which the dispute is submitted to one or more arbitrators who issue an award. It is an alternative dispute resolution (ADR) mechanism because it allows the parties to resolve their dispute outside of State courts, i.e., without litigation. Among alternative dispute resolution methods, arbitration is defined as […]
Damages in Investment Arbitration
The recovery of damages in investment arbitration is a multi-layered and complex issue. You do not need to be an expert, however, to understand the most important concepts. Introduction and Basic Principles The root of all claims for damages under public international law is the Chorzów case. In it, the Permanent Court of International Justice (the predecessor […]
Arbitration Law in India – Two Indian Parties Can Choose a Foreign Seat of Arbitration
The Delhi High Court ruled that two Indian parties can agree in the arbitration clause to have a foreign seat of arbitration, i.e. outside India. The two Indian parties, Doosan India and GMR Chhattisgarh Energy Limited entered into a contract regarding the development of a 1350 MW Coal Fired Thermal Power Plant in Chhattisgarh. The […]
Small Claim Arbitrations
Arbitration institutions have attempted to adapt their arbitration rules in order to be more appropriate for small claim arbitrations by reducing the costs and the time of arbitration proceedings. The ICC Arbitration Rules applicable as of 1 March 2017 confirm this trend by introducing special rules for claims below USD 2 million. According to the ICC Court, […]