Arbitration in the United States is well developed. The reason is simple. A large number of corporations involved in international arbitration are US companies. Although some criticisms have been made regarding the US legal system, such as with respect to its jury trials, or concerning punitive damages, and arbitration agreements were unenforceable under US law […]
International Arbitration Conventions
International arbitration is governed by both the parties’ private agreement but also by a number of international arbitration conventions that apply independently of the parties’ agreements. Those conventions and treaties’ main goal is to promote international arbitration and help to enforce arbitration awards, such as the 1923 Geneva Protocol and the 1927 Geneva Convention. These […]
Validity of Appellate Arbitration Clauses
The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]
ICSID Arbitration: Arbitral Tribunal Disqualification Fails
In the context of the ICSID Arbitration BSG Resources Limited and others v. Republic of Guinea, concerning a mining concession, an arbitral tribunal disqualification aimed at an entire arbitral tribunal has failed. The ICSID Administrative Council dismissed a request for the disqualification of the entire arbitral panel by Claimants, which was based on an adverse […]
Kosovo Telecom Arbitration
The largest commercial arbitration in the youngest European State – the Kosovo Telecom arbitration – has come to an end. In a dispute between local mobile operator Dardafone, operating in Kosovo under the trading name Z Mobile, and Telekom Kosovo, at the time known as PTK, an ICC Tribunal seated in London has ordered Dardafone […]