Expedited arbitration (or fast-track arbitration) has gained traction in recent years, in response to the length and cost of traditional international arbitration. The first expedited arbitration scheme appears to have been introduced in the 1992 Arbitration Rules of the Geneva Chamber of Commerce and Industry Arbitration Rules (“CCIG”).[1] Today, most leading arbitral institutions have adopted specific […]
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The Case Against the Bifurcation of Arbitration Proceedings
Despite the common use of bifurcation in arbitration proceedings, there are many arguments against the bifurcation of most arbitral proceedings. Bifurcation refers to the separation of issues, typically dividing the proceedings into jurisdictional or procedural phases and the merits phase, or merits and quantum phases, allowing the arbitral tribunal to address and decide on specific […]
Free Transfer Principle in Investment Arbitration
Among the principles ensuring the protection of foreign investments, bilateral investment treaties (“BITs”) typically include the free transfer principle regarding the transfer of funds/returns of the investments into and out of the host State of investment. One of the primary objectives of BITs is to provide a stable and predictable legal framework that boosts the […]
UK Litigation Funding Agreements for International Arbitration Now Void?
Previously considered contrary to public policy[1], third-party funding today substantially facilitates access to justice. Many parties do not have the resources to pay for litigation or international arbitration, yet third-party funding has allowed numerous meritorious claims to succeed. Third-party funding is also often used in group litigation, where the pursuit of claims can be challenging […]
Annulment of Arbitral Awards Under the UNCITRAL Model Law
Arbitral awards are final and binding. In certain circumstances, however, they can be challenged or annulled through judicial proceedings. The annulment of arbitral awards (also known as “setting aside” or “vacatur”) refers to the legal process by which a court sets aside or nullifies an arbitration award that has been issued by an arbitral tribunal. […]
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 in Nigeria: The 2023 Reform
On 23 May 2023, Nigeria introduced the 2023 Arbitration and Mediation Act (the “New Act”), repealing its 35-year-old arbitration act (the 1988 Nigerian Arbitration and Conciliation Act, Cap A18). The New Act aims to “provide a unified legal framework for the fair and efficient settlement of commercial disputes by arbitration and mediation”. It also “make[s] […]
International Arbitration in Ecuador
The Arbitration and Mediation Act (“Act”) of Ecuador was first enacted in 1997. However, even after amendments adopted in 2015, the legislation contained regulatory gaps and vague terms, which did not allow arbitrators and judges to build a steady body of interpretation. The fact that the country denounced the ICSID Convention in 2009 added further […]
Arbitration in the United Arab Emirates (UAE)
Arbitration in the United Arab Emirates (UAE) is a reliable and efficient method for resolving conflicts in a world where commercial disputes can arise quickly. Known for its dynamic business landscape and international trade, the UAE has embraced arbitration as a powerful means of settling commercial disputes. In this note, we delve into the nuances […]
