Do I need a lawyer to represent me in international arbitration proceedings? The short answer to this frequently-asked question is no – one does not generally need a lawyer in international arbitration proceedings under nearly all arbitration procedural rules and under most national laws. Under most institutional rules and arbitration statutes, parties are free to […]
Changing Lawyers During an International Arbitration
There are a variety of legitimate reasons why a party might wish to change lawyers over the course of an international arbitration, which can be a long and expensive procedure. A party may lose confidence in its lawyers: the quality, loyalty and vigor of a party’s representatives can have substantial consequences for the party’s opportunity […]
Commodity Arbitrations
Commodity arbitration involving international trade is one the oldest segments of international commercial arbitration, which has become more sophisticated and organized over the years. Commodity markets arose with the increase of trade volume, first in Great Britain in the nineteenth century, especially during the Victorian era, then in the rest of the world. Today, London […]
Laws Applicable to an International Arbitration
There are several different laws that are applicable to an international arbitration. Such laws include the law governing the arbitration (Section A), the law applicable to the merits of the dispute (Section B), the law applicable to the arbitration agreement (Section C), the law governing the parties’ capacity to arbitrate (Section D) and the law(s) […]
Does an Arbitration Clause Survive the Termination of a Contract?
An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]