Page 22 - Arbitration Rules News Today

Dubai surpasses well-known seats such as Vienna and Washington

To embed, copy and paste the code into your website or blog: I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following:  The Insurer and the Insured agree that they will attempt in good faith to negotiate a resolution to any dispute arising out of this Policy. In the event any dispute cannot be resolved by negotiation, the Insurer and the Insured agree to submit the disp...

Tuesday, May 4, 2021 Two Indian parties are entitled to elect a seat of arbitration outside India; The expression “International Commercial Arbitration” in Part I of the Arbitration Act is party-centric, whereas, when used in the context of Part II signifies a place-centric approach; Resultantly, a foreign seated arbitration between two Indian parties would qualify as “International Commercial Arbitration” under Part II of the Arbitration Act, and enforcement of a foreign awar...

Broad foreign arbitration clauses are enforceable in the US The US Court of Appeals for the 11th Circuit (one of several US regional federal courts of appeal) in a recent decision involving a commission claim made pursuant to a mega-yacht sales contract has reinforced the enforceability of broad arbitration clauses in international contracts subject to the New York Arbitration Convention and the applicability of such arbitration clauses to non-signatories in certain circumstances under the US d...

Introduction Until recently, virtual hearings were an unusual sight in Swedish arbitration. However, due to the ongoing COVID-19 pandemic, in a short time virtual hearings have become a common alternative to in-person hearings globally. To conduct a hearing online is not a problem under Swedish arbitration law, as long as both parties consent to it. On the other hand, it has been debated whether an arbitral tribunal can mandate that a hearing should be virtual instead of in person if one of the...

Whats new in the 2021 ICC rules on joinder and consolidation? The most notable change in the new 2021 International Chamber of Commerce (ICC) Arbitration Rules, which are applicable to all ICC arbitrations initiated from 1 January 2021, is to make it easier to join an additional party to a pending arbitration. Under Article 7 of the 2017 ICC rules, a request for joinder made after the confirmation or appointment of any arbitrator was subject to the unanimous consent of all parties. However, the...

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision.  The decision (available here) settles a difficult question of English arbitration law.  In summary the English Commercial Court held that: Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility ( i.e. whether the claim is ripe to be heard) rather than jur...

To print this article, all you need is to be registered or login on Mondaq.com. The area of Emergency Arbitration came to light after a much publicised dispute between Future Retail Ltd. and Amazon.com Investment Holding LLC (" Amazon"). There have been only a handful of cases in India which discuss the enforceability of the award passed by an emergency arbitrator. The Bench of the Ld. Single Judge of the Delhi High Court, in its interim order dated 21 December 2020, dis...

The Fundamental Problem International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step but nonetheless commenced arbitral proceedings? Typically, the parties have a satellite dispute: on one side, whether the commencement of the arbitration is void thus depriving the arbitral tribunal of all jurisdiction due to the non-compliance and on the other side, whether such...

To print this article, all you need is to be registered or login on Mondaq.com. The promise of arbitration has traditionally centred upon a faster, more efficient, and less costly way of resolving commercial disputes. The reality of arbitration proceedings, however, does not always deliver on this promise. Surveys conducted in recent years suggest that cost and delay are some of the negative and discouraging characteristics of international arbitration. They also show a ...