The importance of long-term contracts in various industries has grown significantly. These agreements feature an extended duration, exhibit complexity, and establish interconnected reliance between the parties. Long-term contracts often govern relationships in sectors such as mining, telecommunications, and oil and gas, where cooperation over a prolonged period is essential. Given the extended nature of these […]
International Arbitration Law
Taxation of International Arbitration Awards
The taxation of damages in international arbitration awards should be a significant consideration for any party embroiled in an arbitrable dispute. According to Keller and Leikin, the average tax liability in cases heard before tribunals established under the International Convention for Settlement of Investment Disputes (the “ICSID”) is an eye-watering USD 16-38.5 million.[1] Nevertheless, the […]
Arbitration of Shareholder Disputes
Shareholder arbitration is a mechanism that permits parties to resolve shareholder-related disputes. Arbitration of shareholder disputes allows parties to resolve their conflicts outside of courts, using neutral arbitration, in an efficient and confidential way. There is a wide range of disputes that emerge between shareholders and between shareholders and the company, including disputes related to: […]
Asymmetrical Arbitration Clauses
Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […]
Recognition, Enforcement and Execution in International Arbitration
Recognition, enforcement and execution in international arbitration are important legal concepts to master as they determine the post-arbitral consequences of an arbitration award once it has been rendered. However, their distinction is often difficult and depends on the legal system in which they are sought. We will review their differences in the following sub-sections. Recognition […]
Managing Sanctions in International Arbitration
Sanctions are economic and political measures used to restrict the actions of states, groups, or individuals, imposed either unilaterally or collectively. The UN Security Council, under the UN Charter, has the authority to impose sanctions to maintain international peace. The first such sanctions regime was established in 1968 in response to the power seizure in […]
Pre-Arbitral Requirements
It is common to encounter pre-arbitral requirements in international arbitration agreements.[1] Compliance with these procedural requirements, included in multi-tiered dispute resolution clauses, is typically a prerequisite to the commencement of arbitration proceedings.[2] The underlying intent of these requirements is to ensure that parties in dispute make genuine efforts to amicably resolve their issues before resorting […]
Arbitration and Third Parties: The Issue of Non-Signatories
Arbitration and third parties is a topic which, over and above its academic relevance, has important practical implications for parties in international arbitration proceedings. The issue of arbitration and third parties may concern situations where a party wishes to refer to arbitration another party that was not part of the main contract and therefore did […]
Arbitration and Art Disputes
Art disputes are, by their nature, very specific. They are highly technical and require a considerable amount of expertise from the decision-makers, lawyers, and the experts involved. They can also be subject to the uncompromising scrutiny of art market players and therefore, non-legal matters.[1] Art disputes encompass a wide range of issues, such as:[2] Disputes […]
