One of the most common questions claimants have prior to starting arbitration proceedings are the costs of arbitration, whether they can be estimated in advance, and how they can be reduced. The costs of arbitration, in addition to an arbitration’s duration, are an important if not determinative factor in a claimant’s decision whether to start […]
SCC Arbitration
Partial Awards on Unpaid Costs in International Arbitration
Unpaid costs in international arbitration are relatively common. Most rules of arbitral institutions provide that the parties must bear the costs of arbitration in equal shares. Difficulties may arise when one of the parties, usually the respondent, refuses to pay its share of advances on costs to cover the expenses related to the arbitration, including […]
Стокгольмский Арбитражный Суд
Арбитражный институт Торговой палаты Стокгольма (“ТПС“) шикорого известный как Стокгольмский арбитраж является арбитражный судом для решения международных споров гражданско-правового характера. С момента его основания в 1917 году, ТПС стал лидирующим центром для решения международных споров и уже более 50 лет является самостоятельным подразделением Торговой палаты Стокгольма. A. Причины обращения в ТПС В ТПС эффективно решаются […]
Drafting an Arbitration Clause in 2021 – Recommendations
Many parties fail to realize that the wording of an arbitration clause is important for arbitration to function smoothly. In practice, one may observe, however, recurrent scenarios where arbitration clauses contain defective wording and, thus, are subject to unnecessary incidents and procedural debates. Such clauses are called “pathological clauses“. They are defined in Fouchard, Gaillard, […]
Initiating Arbitrations Under Multiple Arbitration Agreements
The filing of arbitrations based on multiple arbitration agreements, contained in two (or more) separate contracts, in a single arbitration proceeding may be possible, but must be done with caution. The development of major projects in the fields of engineering, construction, oil and gas, and mining often give rise to situations where related disputes regarding […]
Advance on Costs in SCC Arbitration
When an arbitration agreement provides for arbitration with the Arbitration Institute of the Stockholm Chamber of Commerce (“the SCC”), the parties should bear in mind that they will be required to pay several costs over the course of the proceedings. In the following paragraphs, we will discuss the regime of the advance on costs in […]
Coronavirus (COVID-19) and Courts: Moving from Litigation to Arbitration?
The global difficulties caused by the coronavirus (COVID-19), various State measures imposing restrictions on the movement of people, social distancing and complete lockdowns, while necessary to protect health, are inevitably having an impact on litigation in national courts, globally. In certain countries courts have had to limit, or to even entirely close, their operations due […]
Refusing to Participate in Arbitration Proceedings
Parties who signed a binding arbitration agreement are, in principle, bound by its terms. Once a dispute arises and a claimant commences arbitration proceedings against a respondent, a general assumption is that the parties will cooperate and actively participate in the proceedings. In practice, however, it can happen that the other party, usually the respondent, […]
William Kirtley Discusses Enforcement of SCC Arbitration Award against Gazprom with Russian Newspaper Novaya Gazeta
As explained by international arbitration lawyer William Kirtley in the Russian-language article, the use of international arbitration is quite standard to resolve international disputes involving the gas industry. SCC arbitration in particular is commonly used to resolve disputes involving countries of the former Soviet Union. Since Naftogaz received an arbitration award in its favour […]
