Established in London, the London Court of International Arbitration (“LCIA”) is one of most prominent arbitral institutions, which provides services for arbitration, mediation and other ADR proceedings, with a current average of 303 cases per year. Structure of the London Court of International Arbitration The LCIA is composed of three separate structures: the Secretariat, the Court […]
International Arbitration
Arbitration Law in India – Two Indian Parties Can Choose a Foreign Seat of Arbitration
The Delhi High Court ruled that two Indian parties can agree in the arbitration clause to have a foreign seat of arbitration, i.e. outside India. The two Indian parties, Doosan India and GMR Chhattisgarh Energy Limited entered into a contract regarding the development of a 1350 MW Coal Fired Thermal Power Plant in Chhattisgarh. The […]
Small Claim Arbitrations
Arbitration institutions have attempted to adapt their arbitration rules in order to be more appropriate for small claim arbitrations by reducing the costs and the time of arbitration proceedings. The ICC Arbitration Rules applicable as of 1 March 2017 confirm this trend by introducing special rules for claims below USD 2 million. According to the ICC Court, […]
State Counterclaim in Investment Arbitration
An ICSID arbitral tribunal awarded approximately USD 40 million in damages to Ecuador for the foreign investor’s liability for the costs of restoring the environment in an area concerned by the investment. This award of a counterclaim in investment arbitration was made by an arbitral tribunal composed of Gabrielle Kaufmann-Kohler, Brigitte Stern and Stephen Drymer in […]
Brazil and the Cooperation and Facilitation Investment Agreement (CFIA): A Step Backwards for Arbitration?
In 2015, as a result of the increase of Brazilian investment overseas, the Brazilian government, in consultation with private entities, elaborated so-called Cooperation and Facilitation Investment Agreements (“CFIA”s – or “ACFI” in its Portuguese acronym). The CFIA’s aim was to facilitate and stimulate reciprocal investments between States, especially in strategic sectors, much like the Bilateral […]
An Overview of The Saudi Arbitration Law
The Saudi Center for Commercial Arbitration Arbitration Rules In the year of 1437 H (2016), the Saudi Center for Commercial Arbitration (“SCCA”) drafted arbitration rules based on the UNCITRAL Arbitration Rules. The Saudi Center for Commercial Arbitration Rules are available here. Arbitration through the Saudi Center for Commercial Arbitration is designed to ensure that the procedure […]
Consent in Investment Arbitration
Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]
Obtaining Third-Party Funding for International Arbitration – How It Works
Obtaining third-party funding for international arbitration is not an easy process. Aceris Law LLC has already written about the issue here. When searching for third-party funding, prospective litigants often lack information on the requirements and knowledge of what is required to successfully fund an arbitration. By composing the following list, we hope to demystify the […]
Disclosure of Third-Party Funding in International Arbitration
The disclosure of third-party funding is becoming increasingly common in international arbitration proceedings. This is reasonable, as the fact that there is an outside influence on the case affects the decision-making process and impacts issues such as transparency, impartiality, independence and conflicts of interest. For instance, if a third-party funder has a conflict of interest […]
