التحكيم في القانون المصري وازن المشرع المصرى بين ضرورة سرعة الفصل فى النزاع بالتحكيم وبين ضرورة إصلاح ما قد يشوب الاحكام من أخطاء فقرر الإستغناء عن طرق الطعن المقررة بالنسبة لأحكام القضاء المنصوص عليها فى قانون المرافعات و قرر الإقتصار على رفع دعوى ببطلان حكم التحكيم . وقد حدد الأسباب التى يمكن أن تبنى عليها […]
Arbitration Clause
Arbitration Proceedings without an Arbitration Clause
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 […]
The ICC Arbitration Clause – International Chamber of Commerce
By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration. This also implies that the International […]
SAUR INTERNATIONAL SA V. REPUBLIC OF ARGENTINA (ICSID CASE NO. ARB/04/4)
The Claimant in this case was a subsidiary of Société d’Aménagement Urbain et Rural, S.A., specializing in water production, water treatment, water distribution and sanitization. The Claimant had participated and won a bid by the Province of Mendoza to privatize the Argentinian company Obras Sanitarias Mendoza (“OSM”). OSM and the Province then signed a concession […]
S SpA v. T GmbH, Oberster Gerichtshof, Case No. 180Cg1/15v, 23 June 2015
This case, resulting from a partial award rendered in a VIAC commercial arbitration, concerns the formal requirements of the validity of an arbitration agreement under Austrian law. The facts are as follows: a German consultant signed a contract for service with S SpA, an Italian company, for the sale of heat exchangers. This contract was […]
