An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]
Dispute Boards and International Construction Arbitration
1. What Is a Dispute Board? Dispute boards[1] are often found in large construction projects[2] to assist parties in resolving or avoiding disputes and, ideally, preventing such disputes from escalating to international construction arbitration.[3] Dispute boards are purely a creature of contract. This means that normally there will be no supporting statute to regulate the […]
Arbitration in the United Kingdom: The 1996 Arbitration Act
Technically, there two different acts for the arbitration in the UK. The 1996 Arbitration Act governing arbitration in England, Wales and Northern Ireland, and the Arbitration (Scotland) Act 2010, which came into force on 7 June 2010. Despite the uncertainties of Brexit, London remains one of the widely-used seats of international arbitration. English courts have […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
The Recoverability of Arbitration Costs
Costs tend to be a major concern for users of international arbitration. However, a successful party may recover them in full or in part, including the costs of legal representation. In this respect, both national arbitration legislation and institutional rules generally grant arbitrators the power to award the costs. Though the UNCITRAL Model Law is […]