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Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729

03/07/2022 by International Arbitration

Preconditions to Arbitration

In a recent decision, C v D [2022] HKCA 729, the Hong Kong Court of Appeal held that pre-conditions to arbitration are a question of admissibility, instead of jurisdiction. Hence, it refused to set aside a partial arbitral award for lack of jurisdiction. Multi-tiered arbitration clauses, containing pre-conditions to arbitration, such as mandatory cooling-off periods, […]

Filed Under: Hong Kong Arbitration, UNCITRAL Arbitration

Denial of Benefits in Investment Arbitration

26/06/2022 by International Arbitration

Denial-of-Benefits-in-Investment-Arbitration

Many of the Multilateral and Bilateral Investment Treaties (BITs) concluded in recent decades contain a provision often referred to as a denial of benefits clause. Examples include the Netherlands Model BIT[1], the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA)[2] and most notably the Energy Charter Treaty (ECT).[3] The aim of denial of […]

Filed Under: Energy Charter Treaty, Investor State Dispute Settlement

Global Claims in Construction Arbitration

18/06/2022 by International Arbitration

Global claims arbitration

Global claims, also known as “total cost claims” or “composite claims”, commonly arise in construction disputes and international arbitrations, especially in cases where projects have been delayed. Global claims are claims advanced by contractors without attempting to substantiate cause and the effect. In the words of the leading commentators on construction contracts (Keating on Construction […]

Filed Under: Construction Arbitration, Damages Arbitration

Arbitration in Egypt

13/06/2022 by International Arbitration

Arbitration Egypt

Arbitration has long existed in Egypt, although it remained uncodified for many years. In the nineteenth century, Egyptian law was a blend of Sharia and European law. First, Egyptian legislation followed Islamic “Fiqh”, codified in the “Medjella”, which contained the rules related to arbitration.[1] Arbitration in Egypt was then governed by Articles 501-513 of the […]

Filed Under: Egypt Arbitration

Customary International Law and Investment Arbitration

04/06/2022 by International Arbitration

Customary International Law

Customary international law plays a significant role in investment arbitration disputes. Parties frequently rely on customary international law as a secondary source of law under a bilateral investment treaty (BIT) or a State contract. In some cases, arbitral tribunals have accepted a more prominent role of customary law, i.e., as a self-standing source of international […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement, Public International Law

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  • International Chamber of Commerce (ICC)
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  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

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