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 […]
Arbitration in 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 […]
Customary International Law and Investment Arbitration
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 […]
Disruption Claims in International Arbitration
Disruption claims are a common feature of most international construction arbitrations, as everyone involved in construction disputes and international arbitration knows. They are also one of the most difficult claims to succeed upon, as they are often mixed or appear in parallel with prolongation claims, also known as delay claims. Even though routinely made by […]
2022 Revised P.R.I.M.E Finance Arbitration Rules
On 15 November 2021, the Panel of Recognised International Market Experts in Finance (“P.R.I.M.E”) launched its revised P.R.I.M.E. Finance Arbitration Rules (the “2022 P.R.I.M.E Rules”), which came into force as of 1 January 2022, superseding the previously applicable 2016 P.R.I.M.E Finance Arbitration Rules (the “2016 P.R.I.M.E Rules”). The key changes introduced by the 2022 P.R.I.M.E. Rules […]