International arbitration has become increasingly popular because of a number of perks of international arbitration agreements that cannot be found before national or local courts. Although imperfect, this dispute resolution system aims to cure some of the shortcomings of national court systems. The first perk of international arbitration dispute resolution system is its neutrality. The […]
2017 ICC Arbitration Rules
The 2017 ICC Arbitration Rules, applicable as of 1 March 2017, govern ICC arbitrations along with the mandatory rules of the seat of arbitration. The parties agree to apply the ICC Rules of Arbitration by referring to them in the arbitration clause enclosed in their contract or by mutual agreement after a dispute has arisen. The ICC […]
Validity of Appellate Arbitration Clauses
The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]
Diversity in International Arbitration
Diversity in international arbitration tribunals remains a hot topic among practitioners. Desired goals have been set on multiple occasions, especially with respect to gender diversity, and on 10 January 2017, Berwin Leighton Paisner released an annual arbitration survey (“Diversity in International Arbitration: Are We Getting There?”) to evaluate where things stand. The survey is provided below. […]
ICSID Arbitration: Arbitral Tribunal Disqualification Fails
In the context of the ICSID Arbitration BSG Resources Limited and others v. Republic of Guinea, concerning a mining concession, an arbitral tribunal disqualification aimed at an entire arbitral tribunal has failed. The ICSID Administrative Council dismissed a request for the disqualification of the entire arbitral panel by Claimants, which was based on an adverse […]