ICC Rules

ADGM, ArbitrateAD, Costs in arbitral proceedings, CRCICA, Dubai, ICC Rules, LCIA Rules, MENA, SCCA, SIAC, UAE, UAE Federal Arbitration Law

, (Galadari Advocates & Legal Consultants)/ /1 Comment

On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which set aside an arbitration award issued under the ICC Rules of Arbitration  2021 (“ICC Rules 2021”) in part concerning the recovery of…

Abu Dhabi, BCDR, DIAC, HKIAC Rules, ICC Rules, LCIA, MENA, QICCA, SCCA, SIAC, UAE

, , (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

In February 2024, a new arbitration centre was inaugurated in Abu Dhabi.  The Abu Dhabi International Arbitration Centre, known as arbitrateAD (“Centre”) launched as an independent and neutral forum for dispute resolution.  Aligning with established domestic, regional, and global best practices, the Centre aims to position Abu Dhabi as a pivotal hub for international arbitration….

Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Guidance Note, ICC Rules, Third party funding

, , (Nivalion AG)/ /Leave a comment

Third-party funding (TPF) has come a long way from its humble beginnings at the fringes of various jurisdictions, where it was historically a tort and even a crime. Today, the doctrines of champerty and maintenance have been decriminalized and in most jurisdictions no longer fall foul of public policy considerations. TPF is now perceived as…

Appointment of arbitrators, Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Rules, Nationality, Party Representation, Procedure, Remote hearings, Settlement

(ICC International Court of Arbitration) and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

The 2021 ICC Arbitration Rules introduce new procedures, update key provisions, and formalize the existing practices of the ICC Secretariat and the Court in order to allow for greater flexibility, efficiency and transparency in the administration of ICC arbitration cases. We will focus in this post on the changes made under the new Rules to…

Consolidation, ICC, ICC Arbitration, ICC Rules, Joinder

, (WongPartnership LLP)/ /Leave a comment

Multi-party and multi-contract complex disputes are now ubiquitous in international arbitration practice. This is unsurprising given the increasingly complex nature of international trade and commerce. Institutional statistics show substantial growth in the number of disputes involving multiple parties and multiple contracts. The 2019 International Chamber of Commerce (“ICC”) Dispute Resolution Statistics reveal that out of…

2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos

(Brunel University London) and / /Leave a comment

Although the Old Continent has suffered tremendously at the hands of the COVID-19 pandemic, the world of arbitration still managed to find a way to keep on going. In this post, we are going to provide an overview of the most pivotal arbitration developments that occurred on the European soil in 2020. Among others, these…

Consolidation, ICC Rules, Joinder, Multiple parties, New York Arbitration Week

, (Cleary Gottlieb)/ /Leave a comment

On Thursday 19 November 2020, during the fourth day of New York Arbitration Week, the ICC International Court of Arbitration held a virtual round-table discussion of the challenges faced by parties and the ICC Court in cases involving multi-party and multi-contract disputes and the ways in which the 2021 revisions to the ICC Rules of…

COVID-19, DIS, ICC Arbitration, ICC Rules, ICSID Arbitration, Institutional Arbitration, Institutional Rules, ISDS, ISDS Reform, KCAB, Mediation, PCA, SCC, SIAC, UNCITRAL

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On 5-6 November 2020, reputable arbitration practitioners joined together for the 9th Asia Pacific ADR Conference and shared their experiences and insights on the latest developments in the arbitration landscape. Due to the ongoing COVID-19 pandemic, the annual conference took place virtually. It successfully attracted approximately 15,000 participants across 50 countries. The event was co-hosted…

Emergency Arbitrator, ICC Rules, Israel

, (Gornitzky & Co)/ /Leave a comment

It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only maintain such concurrent jurisdiction in appropriate or exceptional cases following such constitution. The ICC Rules are unique in the sense that they apply…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Rules

(ICC International Court of Arbitration) and (Peter & Kim)/ /Leave a comment

On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (ICC) approved and released its 2021 Rules of Arbitration (2021 Rules), in draft. These Rules are subject to editorial changes and the final version is to be officially launched in December 2020. The 2021 Rules of Arbitration will then come…

Arbitration Act 1996, English courts, ICC Rules, International arbitration, LCIA Arbitration, LCIA Rules, Section 68 challenge

(Squire Patton Boggs)/ /Leave a comment

The judgment issued by the High Court of England and Wales in Xstrata Coal Queensland P Ltd & Anor v Benxi Iron & Steel (Group) International Economic & Trading Co (Xstrata) is a rare example of a successful challenge brought under section 68 of the Arbitration Act 1996 (“the Act”). It serves as a reminder…

Arbitration, arbitrators’ conduct, ICC Rules, LCIA Rules, Liability, PCA, UNCITRAL Arbitration Rules

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Young ICCA

There was a time when arbitrators were to a large extent immune from liability and could thus not be sued before national courts for damages caused to the parties to a dispute. This was true mainly in common law jurisdictions and was probably the case in most civil law countries as well. For instance, under…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Emergency Application, Emergency Arbitrator, ICC, ICC Arbitration, ICC Rules, Injunction, interim relief, International arbitration

(Enyo Law LLP)/ /Leave a comment

Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to facilitate the use of EA proceedings through increased transparency and predictability”. The Report analyses the 80 cases in which the ICC EA procedures have been used in…

Accountability, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrator Intelligence, CAM, CIS, GIAC, ICC, ICC Arbitration, ICC Rules, SCC, SCC Rules, Transparency

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

The second edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held during the Paris Arbitration Week on Thursday 4 April 2019 at the Jeantet offices. The topic of this year’s edition was “Transparency, Accountability and Choice of Arbitrators”. An increasing demand of international arbitration users for more transparency, predictability of decisions and…

Case management conference, ICC Rules, International arbitration, International Arbitration Procedures, New York Convention

(Gadens Lawyers)/ /Leave a comment

What are Terms of Reference in the ICC Rules of Arbitration, and what are they for? Article 23(1) of the 2017 ICC Rules provides “As soon as it has received the file [of a new dispute] from the Secretariat, the arbitral tribunal shall draw up, on the basis of documents or in the presence of…

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…

Emergency Arbitrator, ICC, ICC Rules, LCIA Arbitration, LCIA Rules, SIAC, Singapore International Arbitration Centre

(Clayton Utz) and (Simmons & Simmons)/ /1 Comment
Hogan Lovells

Emergency arbitrator (“EA”) applications are fast gaining popularity among both arbitral institutions and international arbitration users. EA provisions were first introduced in the 2010 SIAC Rules to address the need for emergency interim relief before a tribunal is constituted, and many arbitral institutions have adopted relatively similar EA procedures over the past decade. For example,…

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, 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…

Arbitral Award, Damages, ICC Rules, LCIA Arbitration

(Clyde & Co. LLP)/ /2 Comments
Clyde & Co.

Mr Daniel Kahneman is a Nobel Prize winner in Economic Sciences, and the author of the bestselling book “Thinking, Fast and Slow”. His book focuses on behavioural science, and explains how cognitive biases fool us into making suboptimal decisions. In December 2017, PwC updated its International Arbitration damages research (“PwC Research”). It reviewed multiple international…

Enforcement, ICC Rules, ICSID, SCC Rules, SIAC, Summary procedure

(Khaitan and Co., Singapore) and (NALSAR University of Law)/ /Leave a comment

On 30 October 2017, the ICC Court announced yet another measure to tackle the twin problems of time and costs in arbitration, through the immediate disposition of manifestly unmeritorious claims commonly known as summary determination. The ICC Court implemented this measure in the form of an update to its Practice Note to Parties and Arbitral…

Arbitration, ICC Rules, Singapore, Tax, Taxation

(Essex Court Chambers Duxton (Singapore Group Practice))/ /Leave a comment
YSIAC

Introduction Section 10 of the Singapore International Arbitration Act (“IAA”), allows a party to challenge an arbitral tribunal’s determination of its jurisdiction. Section 10(7) further provides that, where the Court rules under section 10 that the tribunal has no jurisdiction, it may make an order as to the costs of the arbitral proceedings. I was…