Parties who signed a binding arbitration agreement are, in principle, bound by its terms. Once a dispute arises and a claimant commences arbitration proceedings against a respondent, a general assumption is that the parties will cooperate and actively participate in the proceedings. In practice, however, it can happen that the other party, usually the respondent, […]
How to Reduce the Overall Cost of Investment Treaty Arbitration to Less than USD 1 Million
Investment treaty arbitration has various flaws, but one flaw that is acknowledged by both foreign investors and States who use the dispute resolution system is that, in practice, it can be incredibly expensive. The costs of investment treaty arbitration can be unbearable for certain States, who have far better uses for public funds, and they […]
Arbitragem Institucional ou Ad-Hoc?
A escolha entre arbitragem institucional ou ad-hoc depende da ponderação de vários fatores e das características do tipo de disputa em causa. Neste blog pretendemos, de uma forma sucinta, expor quais as vantagens e desvantagens de uma e outra escolha e que tipos de processos são melhor indicados para cada uma das opções. Arbitragem institucional […]
International Construction Arbitration
International construction arbitration is a private dispute resolution method for resolving international construction disputes. International construction disputes, as defined by the International Chamber of Commerce (the “ICC“) Commission on International Arbitrations are “all kinds of disputes arising out of projects for construction work, but mainly those relating to the execution of the services (e.g. engineering services) […]
The SCC Arbitration Rules
Introduction As part of its 100-year anniversary in January 2017, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) launched its new Arbitration Rules. The product was the result of a three-year undertaking by the Rules Revision Committee, who met regularly to discuss existing practices and to respond to user demand. The SCC’s previous Rules […]