International arbitration in Kuwait is still developing. Kuwait does not have a standalone comprehensive procedural arbitration law based on the UNCITRAL Model Law, nor adequate English-friendly arbitration facilities. Instead, arbitration provisions are spread around various laws – Islamic law, international law and institutional regulations. Arbitration in Kuwait is primarily governed by the Code of Civil […]
Arbitration Under the OIC Investment Agreement
Many investors are unaware of the existence of the Agreement for the Promotion, Protection and Guarantee of Investments among the Member States of the Organisation of the Islamic Conference (the “OIC Investment Agreement”) and its provisions regarding dispute settlement. The Organization of the Islamic Conference (the “OIC”; Arabic: منظمة التعاون الإسلامي; French: Organisation de la […]
Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)
This ICC arbitral award concerns the notion of estoppel and a Representation Agreement between the parties, and whether a contract was valid and enforceable despite a United Nations embargo, with respect to a contract under Swiss law. While the contract was being performed, an Iraq embargo was ordered by the United Nations following the invasion […]
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia?
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia? Under at least the Hanbali school of Islamic jurisprudence, which is the official fiqh recognized by Saudi Arabia, Article 4(2) of the IBA Rules of Evidence in International Arbitration plainly conflicts with Islamic Sharia as understood by Hanbali jurisprudence. This […]
Yukos Owners Win Largest Arbitration Award In History Against Russia For “Devious And Calculated” Expropriation
Yukos Owners Win Largest Arbitration Award In History Against Russia For “Devious And Calculated” Expropriation. Yukos’ owners have won the largest arbitration award in history against Russia for what was determined by an international arbitration tribunal to be a “devious and calculated” expropriation of its assets. Russia has been ordered to pay over USD 50.2 billion to […]