ICC Arbitration

Georgia, ICC, ICC Arbitration, Recognition and enforcement of arbitral award, Russia, Unilateral Clauses

(New Vision University / Georgian Association of Arbitrators)/ /5 Comments

“May” means “Shall” in Georgia! – this was the telephone message I received on January 18, 2018 from a colleague who had just been informed in the courtroom that the ICC arbitration clause he was relying upon was upheld by the Supreme Court of Georgia. I had been following this case [Supreme Court of Georgia…

2018 In Review, Austria, DIS, Germany, HKIAC, ICC, ICC Arbitration, ICC Rules, SCC, SIAC, VIAC

(Hogan Lovells)/ /Leave a comment

As worldwide competition amongst arbitral institutions continues, the Europe-based arbitral institutions have, thus far, been able to defend their strong market position. Currently, the International Chamber of Commerce (ICC), with its base in Paris, continues to stand out globally as the most preferred institution by a significant margin (77%). It is followed by the London…

Expedited arbitration, ICC, ICC Arbitration, ICC Rules

(Curtis Mallet-Prevost Colt & Mosle LLP)/ /1 Comment
Young ICCA

Article 30 of the 2017 ICC Rules of Arbitration, along with Appendix VI, constitute the Expedited Procedure Provisions (“Provisions”). These new provisions are among the most notable innovations of the 2017 ICC Rules, and are part of the ICC’s efforts to increase the efficiency and transparency of arbitrations. However, certain aspects of this Provisions may…

Africa, Appointment of arbitrators, Arbitration, ICC, ICC Arbitration, Latin America, São Paulo

(University of Aberdeen )/ /Leave a comment

The endeavours of the ICC go beyond the definition of an arbitration institution; it is indeed one of the most important agents of cultural integration, incubator of diversity and best arbitration practices. 1)Stavros Brekoulakis, The Culture in International Arbitration: Integration or Fragmentation?, CBAr Conference, Salvador Bahia, 18 September 2018 A true manifestation of this is the…

Arbitration, Arbitration Agreements, Domestic Courts, ICC, ICC Arbitration, ICC Rules, Kuwait, Third party funding, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL Model Law

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On 6 November 2018, the ICC, in collaboration with Al Tamimi & Company, hosted the first Kuwait Arbitration Day. This involved practitioners from across the Middle East and beyond coming together and discussing the latest developments and trends within arbitration. The event attracted over 100 participants who attended despite the day being announced as an…

Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, ICC, ICC Arbitration, ICC Rules, International arbitration, Trust

(McGill University )/ /Leave a comment

Over the last century, arbitration has established itself as one of the most popular means for resolving commercial disputes1) Gary B. Born, ‘Chapter 1: Overview of International Commercial Arbitration’, International Commercial Arbitration (2nd edition, Kluwer Law International 2014), 6–224, at 93-97; Queen Mary University London, 2015 International Arbitration Survey: Improvements and Innovations in Arbitration. and…

Arbitration, Arbitration Agreement, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICC, ICC Arbitration, International arbitration, Russia

, (Freshfields Bruckhaus Deringer LLP)/ /2 Comments

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling1) Ruling of the Arbitrazh (Commercial) Court of the City of Moscow dated 8 February 2018, case No. A40-176466/17-83-1232. denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime Management SA (Luxembourg) against JSC Inzhtransstroy…

ICC Arbitration, Public Policy, Set aside an arbitral award, Switzerland

(von Segesser Law Offices) and (Rihar & Thouvenin Dispute Resolution)/ /1 Comment

In a decision dated 26 July 2018 and published on 29 August 2018, the Swiss Federal Supreme Court (the “Supreme Court”) dismissed an appeal to set aside an arbitral award as it found that Swiss public policy was not violated by a sole arbitrator’s confirmation of a success fee owed to a Swiss law firm…

Arbitration, Belt Road Initiative, China, ICC, ICC Arbitration, ICC Rules

(ICC) and , (Herbert Smith Freehills)/ /Leave a comment

On 5 March 2018, the ICC Court announced the establishment of a commission to address dispute resolution in relation to China’s Belt and Road Initiative. The commission will drive the development of ICC’s existing dispute resolution procedures and infrastructure to support Belt and Road disputes. The Belt and Road The Belt and Road is China’s…

Arbitration Agreements, Arbitration Institutions and Rules, Enforcement, Expedited arbitration, ICC Arbitration, ICC Rules

(Hogan Lovells)/ /5 Comments

Expedited arbitration procedure, which allows procedural streamlining of arbitration proceedings, became widely accepted by arbitration institutions. The ICC followed this global trend by incorporating Expedited Procedure Rules into the ICC Rules which came into force on 1 March 2017 (see here). The incorporation of expedited procedures is a response to the need to control the…

Arbitration, Arbitration Awards, Bribery, Enforcement, Greece, ICC, ICC Arbitration, International arbitration, Public Policy

(School of Law, University of Westminster)/ /1 Comment

It is well known that Greek public finances have been in a precarious state since the country’s debt crisis erupted in 2010. In an environment of tough fiscal consolidation, compensation awards running in millions present a significant economic and political challenge. This post discusses a case before the Greek Supreme Court that resulted in a…

Arbitration, Arbitration Agreements, Arbitration Institutions and Rules, Arbitrators, Expedited arbitration, ICC Arbitration, ICC Rules, Party autonomy, Procedure

, (Hogan Lovells)/ /Leave a comment

Over the past few decades, responding to the need to control the growing costs and time of arbitration proceedings, the International Court of Arbitration of the International Chamber of Commerce (“ICC Court”) has continuously sought to achieve greater efficiency of the ICC arbitration proceedings (examples of such efforts can be found on the links available…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Best practices, Commercial Arbitration, Confidentiality, Confidentiality and Transparency, HKIAC, ICC Arbitration, ICCA, ICSID Arbitration, Independence and Impartiality, Institutional Arbitration, International arbitration, Investment Arbitration, ISDS, LCIA Arbitration, Powers of the tribunal, Procedure, SCC Rules, Secretary of the Arbitral Tribunal, SIAC, Singapore International Arbitration Centre, Tribunal Secretary, Uncategorized

, , (Clifford Chance) and (Clifford Chance Asia)/ /Leave a comment

“Help! I need somebody Help! Not just anybody Help! You know I need someone, help … And now my life has changed in oh so many ways, My independence seems to vanish in the haze …” Help raises a question of need, but does it lead to a loss of the fundamental decision-making power vested…

Annulment, Arbitration, Disclosure, ICC Arbitration, ICC Rules, Independence and Impartiality, Res Judicata

(Reed Smith)/ /Leave a comment
Linklaters

On 12 April 2016, the Paris Court of Appeal rejected the request for annulment brought by the Greek Company S.A.J. & P. Avax (“Avax”) against an ICC partial award on the ground that the chairman of the tribunal lacked independence. This is the fifth decision rendered in this case by French courts and in all…

ICC Arbitration, Interpretation of Contracts

(Armstrong Teasdale)/ /2 Comments

Background Earlier this July, a regional militant group calling itself ‘the Avengers’ was reported to have detonated some pipelines in Nigeria’s Qua Iboe, the country’s largest export stream. Shortly afterwards, ExxonMobil’s subsidiary, Mobil Producing Nigeria (MPN), declared force majeure on its exports of crude oil in Qua Iboe. The world, as we know, has become…

HKIAC Rules, ICC Arbitration, ICDR, ICSID Arbitration, Interim measures, interim relief, International arbitration, LCIA Rules, SCC Rules, SIAC, UNCITRAL Arbitration Rules, UNCITRAL Model Law

(White & Case LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

“When Justice Delayed Would be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration” was the subject of the 28th Annual Workshop of the Institute for Transnational Arbitration (ITA), which took place on 16 June 2016 in Dallas, Texas. Under the leadership of ITA’s Chair, Abby Cohen Smutny (White & Case), and the conference…

Bosnia and Herzegovina, ICC Arbitration, ICC Rules

(Armstrong Teasdale)/ /Leave a comment

There is a saying in Bosnia and Herzegovina: “A tree does not grow from the sky”. In the same vein, an arbitration-friendly legal environment does not come about without much persistence and hard graft. As expert consultants tasked with assisting the Commercial Law Development Programme (CLDP) division of the U.S. Department of Commerce with its…

Costs in arbitral proceedings, ICC Arbitration, Italy

(Lombardi Segni e Associati)/ /Leave a comment

In my last post, I pointed out the inconsistencies of the Italian judicial system. Italy has a court system that is indisputedly overloaded (and, as a consequence, inefficient); yet the most obvious solution to this problem, International Arbitration, is rarely used by companies or private individuals to resolve their disputes. In my view this happens…

Arbitration, Arbitrators, arbitrators’ conduct, Counsel conduct, ICC Arbitration, Uncategorized

(MDisputes)/ /4 Comments

Fellow Kluwer arbitration blogger, Duarte Henriques, recently started a Facebook page dedicated to discussing topical issues in international arbitration. The page regularly features “memes” all aspects of the practice. Below are a few. When international arbitration meets social media, no one is spared. – – – – – – – – – – – –…

China, Hong Kong, ICC Arbitration, Lex Arbitri, Seat of the arbitration

, (Jingtian & Gongcheng)/ /Leave a comment
YSIAC

Longlide, Shenhua Coal and the issue ahead In a case regarded by many as a “milestone” for arbitration in China, Longlide Packing and Printing Co. Ltd. v. BP Agnati S.r.l (hereinafter “Longlide”) (Reply of the Supreme People’s Court to the Request for Instructions on Application for Confirming the Validity of an Arbitration Agreement in the…

Arbitration, Awards, DIFC, Dubai, Enforcement, ICC Arbitration, International arbitration, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, Stay of Proceedings, UAE, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application made by an award debtor to set aside an order granted by the DIFC Court on 8 January 2015 (unpublished) for…

Anti-arbitration, Arbitral Tribunal, Arbitrator Intelligence, Arbitrator's Fees, Australia, Availability of arbitrators, Best practices, Bulgaria, Counsel, Dubai, England, Expedited arbitration, Germany, ICC Arbitration, International arbitration, LCIA Arbitration, New Zealand, Singapore International Arbitration Centre, Uncategorized, UNCITRAL Arbitration Rules, Women in arbitration

(MDisputes)/ /3 Comments

Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take…