Under English law, if a claimant unreasonably delays the prosecution of its claims, the arbitral tribunal has discretion to dismiss them for “want of prosecution” (or to take less drastic measures to “penalize” the claimant, for instance, in terms of costs, interest or the conduct of the proceedings). Yet, it will normally not do so, […]
The Practice of Arbitration in Ukraine
Ukraine, often called “The Gates of Europe“, has a geographical position that has long enabled it to be a hub of commercial activity. Unsurprisingly, arbitration also has a long history in Ukraine. The independence of Ukraine opened a new page in the history of arbitration, both domestic and international. Domestic Arbitration in Ukraine: from Inception […]
International Arbitration in Turkey
International arbitration in Turkey is governed by the International Arbitration Law (Law No. 4686), which entered into force on 5 July 2001.[1] Turkey’s International Arbitration Law was largely modelled on the UNCITRAL Model Law and Chapter 12 of the Swiss International Private Law Act. Domestic arbitration in Turkey, on the other hand, is governed by […]
Reformation of the Dubai International Arbitration Centre
On 21 September 2021, in his capacity as the Ruler of Dubai, Vice President and Prime Minister of the UAE His Highness Sheikh Mohammed bin Rashid Al Maktoum issued Decree No. 34 of 2021 reforming the status of the Dubai International Arbitration Centre (the “DIAC”). Dubai swiftly abolished the DIFC-LCIA Arbitration Centre, as well as […]
Intra-EU Arbitration under the ECT Found Incompatible with EU Law
On 2 September 2021, in Republic of Moldova v. Komstroy, the Court of Justice of the European Union (the “CJEU”) ruled that Energy Charter Treaty (“ECT”) based intra-EU arbitrations were contrary to EU law.[1] Background of the Case Energoalians, a Ukrainian producer initiated, an ad hoc arbitration procedure provided for in Article 26(4)(b) of the […]