Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]
What to Expect from Arbitration over a Letter of Intent
A Letter of Intent (“LOI”) is a preliminary document that outlines the main terms and conditions of a proposed business deal between parties. It constitutes one of the most significant pre-contractual documents relevant to international arbitration. A Letter of Intent is mainly used in complex transactions such as mergers and acquisitions, joint ventures, etc.[1] A […]
Counsel Ethics in International Arbitration
In contrast to domestic judicial settings, where counsel adhere to a single set of clearly defined rules governing acceptable ethical conduct, for counsel in international arbitration, the situation is less straightforward. The conduct of party representatives in international arbitration may be governed by a variety of diverse and potentially conflicting rules and norms, and it […]
Fraudulent Arbitrations: A Few Bad Apples?
Arbitration offers parties a flexible, efficient and confidential alternative to traditional litigation for resolving disputes. However, under certain circumstances, these positive aspects of arbitration can be manipulated to nefarious ends. When arbitrations go rogue, it’s less “courtroom drama” and more “crime thriller”. The following three cases of fraudulent arbitrations serve as illustrations of how both […]
Fixed Deadlines in Arbitration Agreements: Pros and Cons
Arbitration, as an alternative dispute resolution mechanism, has gained broad acceptance due to its flexibility, efficiency, and ability to provide a simplified method for resolving disputes. Time management is crucial to the efficiency of arbitration, as prolonged disputes can result in higher costs and reduce its advantages. The question of whether fixed deadlines in arbitration […]