In February 2024, the Netherlands Arbitration Institute (“NAI”) published its 2024 NAI Arbitration Rules, which superseded the previously applicable 2015 NAI Arbitration Rules, effective 1 March 2024. The new rules aim to enhance the efficiency, speed and sustainability of arbitrations to better serve the involved parties. The key features of the 2024 NAI Arbitration Rules […]
What to Expect from Arbitration over a Letter of Intent
A Letter of Intent (“LOI”) is a preliminary document that outlines the main terms and conditions of a proposed business deal between parties. It constitutes one of the most significant pre-contractual documents relevant to international arbitration. A Letter of Intent is mainly used in complex transactions such as mergers and acquisitions, joint ventures, etc.[1] A […]
Arbitration in China: Potential Issues
International arbitration in China holds many of the same general advantages as international arbitration, making it more attractive than litigation. This includes the easier enforcement of international arbitral awards in China as compared to foreign court decisions. China has been a party to the New York Convention since 1986[1] and the Washington Convention since 1992.[2] […]
International Arbitration in Indonesia
International arbitration in Indonesia is governed by Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution (the “Arbitration Law”), which is not based on the UNCITRAL Model Law.[1] Indonesia ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in 1981[2], which facilitates the enforcement […]
Recognition, Enforcement and Execution in International Arbitration
Recognition, enforcement and execution in international arbitration are important legal concepts to master as they determine the post-arbitral consequences of an arbitration award once it has been rendered. However, their distinction is often difficult and depends on the legal system in which they are sought. We will review their differences in the following sub-sections. Recognition […]