A Letter of Intent (“LOI”) is a preliminary document that outlines the main terms and conditions of a proposed business deal between parties. It constitutes one of the most significant pre-contractual documents relevant to international arbitration. A Letter of Intent is mainly used in complex transactions such as mergers and acquisitions, joint ventures, etc.[1] A […]
International Arbitration
Counsel Ethics in International Arbitration
In contrast to domestic judicial settings, where counsel adhere to a single set of clearly defined rules governing acceptable ethical conduct, for counsel in international arbitration, the situation is less straightforward. The conduct of party representatives in international arbitration may be governed by a variety of diverse and potentially conflicting rules and norms, and it […]
Fraudulent Arbitrations: A Few Bad Apples?
Arbitration offers parties a flexible, efficient and confidential alternative to traditional litigation for resolving disputes. However, under certain circumstances, these positive aspects of arbitration can be manipulated to nefarious ends. When arbitrations go rogue, it’s less “courtroom drama” and more “crime thriller”. The following three cases of fraudulent arbitrations serve as illustrations of how both […]
Fixed Deadlines in Arbitration Agreements: Pros and Cons
Arbitration, as an alternative dispute resolution mechanism, has gained broad acceptance due to its flexibility, efficiency, and ability to provide a simplified method for resolving disputes. Time management is crucial to the efficiency of arbitration, as prolonged disputes can result in higher costs and reduce its advantages. The question of whether fixed deadlines in arbitration […]
AI in International Arbitration
Artificial Intelligence (AI) is the ability of a computer or computer-controlled robot to perform tasks that are commonly associated with the intellectual processes characteristic of humans.[1] With the appearance of AI, many fear that computers will take over the work of human workers, especially in fields where a computer can actually perform better. An example […]
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 […]
Appealing International Arbitration Awards
Most arbitration rules do not allow parties to lodge an appeal to an arbitration award in international arbitration. Thus, the selection of an appropriate arbitral tribunal and experienced arbitration counsel is critically important, as the facts and the law cannot generally be reheard. Awards can be annulled (meaning that the arbitration must be recommenced) or […]
Document Production in International Arbitration
Document production is one of the most controversial yet essential steps in international arbitration. Since cases are generally decided based on documents rather than oral testimony, document production can be a powerful tool for discovering evidentiary material crucial to winning an arbitration.[1] It is not surprising that arbitral proceedings commonly include a document production phase. […]
UNIDROIT Principles and International Commercial Arbitration
Parties to a contract do not tend to agree on the application of the domestic law of the other. They usually choose a “neutral law”, the law of a third country. However, this choice often leads to apparent inconveniences since the chosen law is foreign to both parties. Indeed, understanding its content may require time-consuming […]
