Investor-State Dispute Settlement (“ISDS”) has been criticized for the lack of an appellate mechanism and the inconsistency and unpredictability of certain arbitration awards that are rendered. Opponents of ISDS claim that, as decisions that may ultimately affect public interests are at stake, it is undesirable that wrong decisions taken by arbitral tribunals cannot be appealed. […]
Summary Determinations in International Arbitration
A Summary Determination Procedure in international arbitration, also known as an Early Determination Procedure or Expeditious Determination or Early Dismissal of Claims and Defences, is the determination of points of law or fact by the arbitral tribunal at an early stage of the arbitral proceedings. A request for such a summary determination is often made […]
Economic Sanctions in International Arbitration
Issues concerning economic sanctions in international arbitration frequently arise. Economic sanctions are a commonly-used tool of foreign policy which can have a significant impact on the performance of parties’ contractual rights and obligations. While there are many ways in which economic sanctions may interfere with international arbitration, we will focus on the issue of the […]
ICC Arbitration Rules
The ICC Rules of Arbitration (“ICC Arbitration Rules”) have had numerous revisions over the years, but there has been a surprising level of continuity since they were first published nearly a century ago. All versions of the ICC Arbitration Rules to date may be downloaded below. The ICC Arbitration Rules were first published in 1922, […]
SIAC Arbitration Rules
The SIAC Rules of Arbitration (“SIAC Arbitration Rules”) are applied in the arbitral proceedings when Parties have agreed to SIAC arbitration to resolve their dispute. Used for settlement of international arbitration disputes, they represent an important recourse under the auspices of the Singapore International Arbitration Center (SIAC). With its presence in Singapore, China, India and […]