The Qatari Cabinet at a meeting in June 2016 ordered taking necessary measures for the issuance of the draft law on international commercial arbitration in Qatar, after having been briefed on the recommendation of the Advisory Council with respect to the draft law, issued in 2015. Over the past few years, through the widespread ratification of the New […]
Change of Arbitration Attorney under the LCIA Rules
As before national courts, parties’ right to choose their own arbitration attorney is a fundamental procedural right[1] that is confirmed by Article 18.1 of LCIA Rules (2014)[2] The new LCIA Rules (2014) represent the first institutional rules that limit this inherent power of the parties, in order to better conduct arbitral proceedings. Article 18.3 of the […]
Tribunal’s Role in Arbitration Document Production under the ICC Rules
Arbitration document production is a “process by which a party can request the production of documents that are in another party’s possession”. Despite the IBA Rules on the Taking of Evidence in International Arbitration to provide guidance, the absence of uniform rules on document production in international arbitration marks deep legal and cultural differences globally with […]
Chinese Arbitration Framework
The Chinese Arbitration Framework within which the arbitration is conducted consists of the law, the judicial interpretation and international treaties. First, the laws adopted by the legislature, in particular the 1994 Chinese Arbitration Law, are the most important sources in relation to the Chinese Arbitration Framework, a copy of which is available below. Second, in […]
Restitution in Investment Arbitration
In case of outright expropriation or the creeping expropriation of an investment, or of a harm caused by wrongful acts committed by a host State, restitution in investment arbitration is possible, amongst other remedies. The foreign investor can request an arbitral tribunal to order the State to fully repair the injuries it has causes. The […]