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English Court Upholds Arbitration Award of Third-Party Funding Costs

13/02/2022 by International Arbitration

Third party funding costs

In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]

Filed Under: ICC Arbitration, Third-Party Funding, United Kingdom Arbitration

Enforcement of a Foreign ICC Arbitration Award in France Despite Set-Aside Judgements in West Africa

05/02/2022 by International Arbitration

Arbitration Award Enforcement France

On 11 January 2022, the Paris Court of Appeal agreed to enforce a contract-based ICC arbitration award, despite the final award being previously set aside by the domestic courts of the seat of arbitration, and the underlying contract also being annulled by a foreign court. While this result may be surprising in many jurisdictions, the […]

Filed Under: Enforcement of Arbitration Award, France Arbitration

FIDIC Dispute Resolution Mechanism

30/01/2022 by International Arbitration

FIDIC Conditions of Contract

In December 2017, the Fédération Internationale Des Ingénieurs-Conseils, more commonly known as FIDIC, released a revised version of the FIDIC Conditions of Contract (Second edition)(the “2017 FIDIC Contracts”),[1] introducing some notable changes to the dispute resolution mechanism in comparison to the well-worn 1999 edition.[2] The 2017 FIDIC Contracts maintain the already well known multi-tiered approach […]

Filed Under: Construction Arbitration, FIDIC Arbitration, ICC Arbitration

International Arbitration in Jordan

24/01/2022 by International Arbitration

Jordan arbitration law

International arbitration in the Hashemite Kingdom of Jordan (“Jordan”) is governed by Law No. 31 of 2001 (the “Arbitration Law”). The Jordanian Arbitration Law has been amended several times since its entrance into force on 16 July 2001. The Jordanian Arbitration Law is largely based on the Egyptian Arbitration Act No. 27 of 1994 (“Egyptian […]

Filed Under: Jordan Arbitration

Fair and Equitable Treatment in Investment Arbitration

23/01/2022 by International Arbitration

Fair and equitable treatment

Fair and equitable treatment is a prominent standard of protection in investment arbitration disputes, which is present in most bilateral investment treaties (“BITs”).[1] The standard has evolved in post-World War II treaties. The 1948 Havana Charter for an International Trade Organization is said to be the first treaty to include “just and equitable treatment” for […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

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Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • 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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