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 […]
FIDIC Dispute Resolution Mechanism
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 […]
International Arbitration in Jordan
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 […]
Fair and Equitable Treatment in Investment Arbitration
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 […]
Approach to Determining Law of the Arbitration Agreement Further Confirmed by UK Supreme Court
In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, the question of which law governed the validity and scope of an arbitration agreement arose before any arbitration had taken place. Then, in the UK Supreme Court judgment of Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) given on 17 October 2021, a similar […]