Expert evidence is frequently used in international arbitration. Experts are normally appointed by parties to give their independent opinion on issues beyond the arbitral tribunal’s expertise, such as quantum, delays and “foreign” law, thereby assisting the arbitral tribunal in its decision-making process. Party-Appointed Experts vs. Tribunal-Appointed Experts In international arbitration, there are generally two main […]
Res Judicata in International Arbitration
Res judicata implies that a previous and final judgment is conclusive in subsequent proceedings involving the same (i) parties, (ii) subject matter and (iii) legal grounds, which is also referred to as the “triple-identity criteria”.[1] The principle of res judicata is a general principle of law known both to international law and local law.[2] Like […]
What Do Arbitration Lawyers Do?
It is rather common for international contracts to contain an arbitration clause providing for the institution of arbitration proceedings to resolve disputes between parties.[1] Although parties are not typically required to use lawyers in arbitrations, it is highly recommended for all but the smallest cases.[2] But, in reality, what do arbitration lawyers do? In the […]
Mining Arbitrations
Mining-related arbitrations have significantly increased over recent decades. Metals and minerals play an important role in foreign direct investments and the need for complex contracts have attracted considerable attention of arbitration practitioners and users. The mining sector is complex. It frequently involves multiple parties and different jurisdictions. Additionally, social development in emerging economies and environmental […]
IBA Rules and Guidelines Regarding International Arbitration: An Overview
The International Bar Association (“IBA”) has published several rules and guidelines relating to international arbitration which are designed to streamline the arbitral procedure and facilitate the use of international arbitration as an alternative means of dispute resolution. In principle, the IBA rules and guidelines are not legal provisions and thus do not override any applicable […]