The ICC’s Israeli-Palestinian Jerusalem Arbitration Center is reportedly to begin functioning soon. This neutral arbitration center, a creation of Paris’ neutral ICC International Court of Arbitration, is intended to resolve commercial conflicts concerning the 3-4 billion USD of trade between Palestinians and Israelis. Previously, such commercial conflicts had to be resolved either before the courts […]
Choosing Arbitrators
It is sometimes argued that arbitration is only as good as the arbitrator, and that defects in international arbitration may be attributed to poor arbitrators. While this oversimplifies a complex issue, choosing the right arbitrator is one of the most critical steps in any arbitration. Unless a specific arbitrator is specified in the arbitration clause, […]
Why Investors Should Attempt To Negotiate Waivers Of Sovereign Immunity With Respect To Specific Assets Or Classes Of Assets
Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
The Secretariat’s Guide to ICC Arbitration (2012)
Jason Fry, Simon Greenberg, Francesca Mazza THE SECRETARIAT’s GUIDE TO ICC ARBITRATION A Practical Commentary on the 2012 ICC Rules of Arbitration from the Secretariat of the ICC International Court of Arbitration With the assistance of Benjamin Moss Contents Foreword Preface Chapter 1: Introduction Chapter 2: A Step-by-Step Overview of ICC Arbitration Procedure Chapter 3: […]
UK Supreme Court Again Considers Anti-Suit Injunctions
UK SUPREME COURT AGAIN CONSIDERS ANTI-SUIT INJUNCTIONS Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 In a decision in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35, handed down on 12 June 2013, the Supreme Court considered whether the English courts had jurisdiction to issue […]