The fork in the road provision, or Electa una via, non datur recursus ad alteram (English translation: “when one way has been chosen, no recourse is given to another”[1]), belongs to a category of jurisdiction-declining provisions[2] marking “the relationship between international arbitration and adjudication by domestic courts.”[3] However, it should be noted that certain tribunals have […]
Should an International Arbitration for a Small Claim Even Be Commenced?
Should an international arbitration for a small claim, for instance an amount in dispute of less than USD 50,000, even be commenced? This is a recurring question asked by clients with small claims who wonder if it is worthwhile to commence arbitration proceedings and to incur additional costs in order to recover small amounts. Claimants […]
ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings (2018 ICC Rules)
International arbitration is governed by a cornerstone principle, the principle of consent. This means that parties are free to include, by mutual consent, an arbitration agreement in their contract. By the same token, they can organize such arbitration proceedings by choosing either an ad hoc arbitration or an arbitration administered by an institution. Nonetheless, the […]
The IBA Rules v. The Prague Rules in International Arbitration
The taking of evidence in international arbitration can be a critical step in many international arbitrations. Parties, or the arbitral tribunal, have often made recourse to the International Bar Association Rules on Taking of Evidence in International Arbitration (“IBA Rules”), whether the parties made an express choice for them to apply or not. The IBA […]
The Terms of Reference in ICC Arbitration
In ICC arbitration, upon the transmission of the case file by the ICC Secretariat to the arbitral tribunal (Article 16 of the ICC Arbitration Rules), the first task for an arbitral tribunal is to draw up the Terms of Reference. According to Article 23(1) of the ICC Arbitration Rules, the Terms of Reference corresponds to […]