Party Representation

Annulment, Arbitral seat, Due process, Party Representation, Powers of the tribunal, Public Policy, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, VIAC, Vietnam

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Vietnam International Arbitration Centre (VIAC Vietnam)

Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of Vietnamese law.” This concept, however, is undefined and broad, causing much uncertainty, especially in light of decisions of the Vietnamese courts. In 2020, the People’s…

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…

Best practices, Egypt, Estoppel, Party Representation, Remote hearings, Revision of Award

(Zulficar & Partners)/ /Leave a comment

On 27 October 2020, the Egyptian Court of Cassation (“Court”) rendered a ground-breaking judgment that is demonstrative of the Court’s appreciation of ongoing global developments in the field of arbitration (a courtesy translation prepared by the author of this post is available here). The case pertains to a domestic construction dispute under a subcontract that…

China, CIETAC, Hong Kong, Party Representation

(Zhong Lun Law Firm)/ /Leave a comment

The arbitration laws of many established arbitral jurisdictions, for instance, the English Arbitration Act 1996, German Code of Civil Procedure, the Swedish Arbitration Act 2019 (see post on the revised Act here) and the US Revised Uniform Arbitration Act, place no restrictions as to who may act as a party representative in an arbitration. The…

Arbitration, Arbitration Proceedings, Nigeria, Party Representation, Seat of the arbitration

(University of Essex)/ /2 Comments

The interplay between the principle of party autonomy and procedural flexibility in arbitration greatly accounts for the growth of international arbitration as the preferred method of dispute resolution for cross-border commercial disputes. The growing trend of this preference is reflected in the most recent International Arbitration Survey conducted by the School of International Arbitration at…