It is a well-established rule of international arbitration that arbitral tribunals have the power to grant interim or conservatory measures. This is explicitly provided in all major arbitration rules (see, e.g., Article 28 of the 2017 ICC Rules, Article 25.1 of the 2014 LCIA Rules, Article 26 of the 2010 UNCITRAL Rules, Rule 30 of […]
Arbitration Rules
Publication of ICC Arbitration Awards: 2019 Advancements in Transparency of ICC Arbitration
As most arbitrations are confidential, the publication of ICC arbitration awards has historically been uncommon. In January 2019, however, the ICC International Court of Arbitration adopted changes to its practice that will soon be implemented. In this regard, the ICC released an updated Note to the Parties and Arbitral Tribunals. Its main purposes were to […]
Time Limitations and Stale Claims in Investment Arbitration
Investment arbitration sometimes deals with legal issues that are particularly well-rooted in national laws, whereas their application at the international level is less evident. One of these issues revolves around the concept of time limitations. In fact, host States of investment might build their defence based on this concept, arguing that investors’ claims are stale, […]
Fork in the Road Provision in Investment Arbitration
The fork in the road provision, or Electa una via, non datur recursus ad alteram (English translation: “when one way has been chosen, no recourse is given to another”[1]), belongs to a category of jurisdiction-declining provisions[2] marking “the relationship between international arbitration and adjudication by domestic courts.”[3] However, it should be noted that certain tribunals have […]
Should an International Arbitration for a Small Claim Even Be Commenced?
Should an international arbitration for a small claim, for instance an amount in dispute of less than USD 50,000, even be commenced? This is a recurring question asked by clients with small claims who wonder if it is worthwhile to commence arbitration proceedings and to incur additional costs in order to recover small amounts. Claimants […]
The IBA Rules v. The Prague Rules in International Arbitration
The taking of evidence in international arbitration can be a critical step in many international arbitrations. Parties, or the arbitral tribunal, have often made recourse to the International Bar Association Rules on Taking of Evidence in International Arbitration (“IBA Rules”), whether the parties made an express choice for them to apply or not. The IBA […]
The Terms of Reference in ICC Arbitration
In ICC arbitration, upon the transmission of the case file by the ICC Secretariat to the arbitral tribunal (Article 16 of the ICC Arbitration Rules), the first task for an arbitral tribunal is to draw up the Terms of Reference. According to Article 23(1) of the ICC Arbitration Rules, the Terms of Reference corresponds to […]
The Concept of Arbitrability in Arbitration
Arbitrability concerns whether a type of a dispute can or cannot be settled by arbitration. In practical terms, arbitrability answers the question of whether a subject matter of a claim is or not reserved to the sphere of domestic courts, under the provisions of national laws. If the dispute is not arbitrable, the arbitral tribunal […]
Swiss Chamber’s Arbitration Institution
The Swiss Chambers’ Arbitration Institution, also known as the “SCAI”, is an arbitration institution based in Geneva, Switzerland, which offers dispute resolution services based on the Swiss Rules of International Arbitration (the “Swiss Rules”) and the Swiss Rules of Commercial Mediation. The Swiss Chambers’ Arbitration Institution is, since 2012, an independent entity, established by the Chambers […]
