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 […]
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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 […]
Arbitration and Third Parties: The Issue of Non-Signatories
Arbitration and third parties is a topic which, over and above its academic relevance, has important practical implications for parties in international arbitration proceedings. The issue of arbitration and third parties may concern situations where a party wishes to refer to arbitration another party that was not part of the main contract and therefore did […]
The 2023 SCCA Arbitration Rules
The Saudi Center for Commercial Arbitration (the “SCCA”) is an arbitration institution established in Saudi Arabia in 2014 with the aim of providing a platform for resolving commercial disputes through arbitration in accordance with international standards. In 2023, in line with its vision to become a “preferred ADR choice in the region by 2030”,[1] the […]
Greece’s 2023 Arbitration Law
On 4 February 2023, Greece passed a new law governing international commercial arbitrations with their seat in Greece, i.e., Law 5016/2023 (“2023 Arbitration Lawˮ) (in English here (unofficial translation), in Greek here, and its Explanatory Report in Greek). The 2023 Arbitration Law (1) replaces the previously applicable Law 2735/1999, which was based on the 1985 version […]
