Introduction Many fail to realise that arbitration proceedings are entirely possible in the absence of an arbitration clause in an underlying contract. The ability to launch arbitration proceedings depends exclusively on the parties’ will since this dispute resolution method is purely consensual. The required will (or consent to arbitration) is often, but not always, encompassed […]
Special Authorisation for the Conclusion of an Arbitration Agreement under Slovenian Law
Slovenian Law states that an authorised person needs a “special authorisation” for the conclusion of an arbitration agreement. Similar provisions are found in other laws in the Middle East and other ex-Yugoslavian States. According to Article 76 of the Slovenian Obligations Code, a general authorisation, valid for “legal transactions classed among ordinary business” does not suffice: […]
The LCIA Arbitration Clause – London Court of International Arbitration
An LCIA Arbitration Clause in a contract contains the parties’ agreement that their dispute will be resolved by an arbitral tribunal and that the arbitration proceedings will be governed by the procedural rules in the LCIA Arbitration Rules, in addition to any mandatory rules at the seat of arbitration. The inclusion in the contract of an […]
Arbitration and Allegations of Corruption in the Aviation Industry
Reportedly, many agents in the aviation industry have seen their payments halted and contracts terminated by the Airbus Group (“Airbus”) in circumstances where they have done nothing wrong. Many agents have thus reportedly commenced arbitration against the Airbus Group on the basis of breach of contract. This curious situation in the aviation industry appears to […]
Mytilineos v. The Republic of Serbia: Serbia Held Liable in Investment Arbitration
The 2013 Mytilineos v The Republic of Serbia investment arbitration came to an end in August 2017 and Serbia was found to have breached the applicable bilateral investment treaty. According to Mytilineos’s press release, the investment arbitration concerned RTB Bor, a copper mining and smelting company that was subject to privatization. While the Tribunal has […]