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 […]
International Arbitration
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 […]
Assignment of Arbitration Agreements
The assignment of a contract containing an arbitration agreement to a third party raises several questions.[1] The first question is whether the arbitration agreement is automatically transferred.[2] If so, what is the legal basis for such a transfer?[3] Other issues concern the validity of the assignment of the main contract itself and whether evidence of […]
The Standard of Proof in Arbitration
In The Burden of Proof in Arbitration, a distinction was made between the burden of proof, defined as “the duty of proving a disputed assertion or charge”, and the standard of proof, which “determines the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding”, according to […]
The Choice Between One and Three Arbitrators
The choice between one and three arbitrators is an important decision parties do not always pay attention to when drafting arbitration clauses, or even once a dispute has arisen. The choice of who will sit on the panel, including whether it will be a sole arbitrator or a three-member tribunal, is one of the most […]
The Burden of Proof in Arbitration
According to the Merriam-Webster Dictionary, the burden of proof is “the duty of proving a disputed assertion or charge.” It is not to be confused with the standard of proof, which determines “the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding.” Even though both can […]
Twilight Issues in International Arbitration
What happens when the arbitration agreement, the lex arbitri, and the law out of which the cause of action arises are silent about the law applicable to issues that are considered to be neither substantive nor procedural? The short answer is that these issues would fall under the category of so-called “twilight issues” in international […]
