2014 In-House Counsel Survey On Arbitration Today’s General Counsel has reported the latest survey concerning whether arbitration should be preferred to litigation to resolve disputes. In-house counsel appreciate the less formal setting for resolving disputes via arbitration, as well as the possibilities that it allows to avoid bad court systems and runaway jury decisions. When sensitive facts […]
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 […]
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit New 2014 LCIA Rules Introduce Default Rule that the Law Applicable to an Arbitration Agreement is the Law of the Seat By Hussein Haeri The autonomy and separability of an arbitration clause from its underlying contract is a […]
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards Under The New York Convention. The grounds for resisting the recognition and enforcement of arbitration awards under the New York Convention are often poorly explained. The New York Convention, which governs the recognition of foreign arbitration awards in 150 countries, imposes a mandatory rule that […]
Security For Costs In ICSID Arbitrations
Security For Costs In ICSID Arbitrations. For the first time, an arbitral tribunal has ordered security for costs in an ICSID arbitration. The arbitral tribunal has ordered the oil and gas exploration and production company RSM Production Corporation to provide a guarantee of USD 750,000 as security for the costs of an investment arbitration. This followed on […]