It took the International Law Commission approximately four decades to complete its work on State responsibility, which was completed in 2001. This work represented a highly significant step in the codification and development of international law, with similar importance as the Vienna Convention on the Law of Treaties. These Articles cover the issues of breach […]
An ICC Space Arbitration: Eutelsat Communications v. SES
An International Chamber of Commerce (ICC) of Paris arbitral tribunal has reached its conclusions on the first phase of the arbitration initiated by Eutelsat Communications against SES in October of 2012. Similar space arbitrations are likely to account for an increasing number of arbitrations over the coming years. Eutelsat’s request for arbitration was triggered by […]
How Should An Engineer’s/Dispute Adjudication Board’s Decision Be Enforced?
A crucial legal issue in relation to international construction contracts over the past decade has concerned the manner in which decisions of the Engineer made under Clause 67 of the FIDIC Conditions of Contract for Works of Civil Engineering Construction, fourth edition, 1987, and, since the Engineer was replaced by the Dispute Adjudication Board (“DAB”) in the 1999 edition of the FIDIC Conditions […]
Senegal Wins Arbitration Reflecting Rising Resource Nationalism In Africa
In a partial award, the arbitrators Elie Kleiman, Pierre Mayer, and Nicolas Molfessis ruled that a USD 2.2 billion deal it signed with ArcelorMittal could be terminated on the ground of a material breach by ArcelorMittal. ArcelorMittal’s counterclaim for the renegotiation of the contracts also failed. Senegal is now seeking USD 750 million in damages from […]
ICC Counterclaims In International Arbitration – The French Cour de Cassation’s Perspective
The Cour de cassation’s (the French supreme court) recent ruling could be positive news for litigants lacking the resources to pay the ICC’s advance on costs. Pirelli (Italy) brought arbitration proceedings against Licensing Projects (Spain) (LP) over a trade mark dispute in 2007. Later that year, a Spanish court placed LP into a formal insolvency […]