The French Court of Appeal has recently outlined the scope of parties’ waiver in arbitration. In Antrix Corp Ltd v. Devas Multimedia P. Ltd, the International Commercial Chamber of the Paris Court of Appeal held that Antrix did not waive its right to rely on a procedural irregularity, raised before the ICC International Court of […]
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Who Pays the Costs of International Arbitration?
One question frequently and legitimately asked by parties is who pays the costs of international arbitration. Most procedural arbitration laws and rules provide wide discretion to arbitral tribunals to allocate costs. There are, generally, two overriding internationally accepted principles for allocating costs, i.e., the English “costs should follow the event” rule, which requires the losing […]
Expedited Arbitration Under the ICC Rules
The introduction of the ICC Expedited Arbitration Procedure Rules (“Expedited Procedure Rules”) was one of the main innovations of the 2017 amendments to the ICC Arbitration Rules. Expedited arbitration differs from a standard arbitration proceeding, as it provides a simplified procedure, with the goal of diminishing time and costs while promoting efficiency in international arbitration. […]
International Arbitration in the Czech Republic (Czechia)
Civil and commercial arbitration in the Czech Republic is governed by Act No. 216/1994 Coll. on Arbitral Proceedings and Enforcements of Arbitral Awards (the “Arbitration Act”), which replaced a former 1963 Arbitration Act. Contrary to many national arbitration laws, the Arbitration Act is not based on the UNCITRAL Model Law. For instance, contrary to the […]
William Kirtley and Isabela Monnerat Mendes Comment on French Court of Appeal’s Decision on Parties’ Waiver to Jurisdictional Challenge to ICC Arbitration
In a recently-published article by LexisNexis, William Kirtley and Isabela Monnerat Mendes provide an analysis of the French Court of Appeal’s decision rendered in Antrix Corp Ltd v. Devas Multimedia P. Ltd. The Court of Appeal, deciding on referral from cassation, rejected the appellant’s objection that an ICC arbitral tribunal was improperly constituted and lacked […]
The Duration of Arbitration
The duration of arbitration, in addition to its cost, is an important factor claimants take into account when determining whether to start arbitration proceedings in the first place, and respondents take into account when determining whether a matter should be resolved through negotiations. A supposedly shorter duration of arbitration proceedings is one of the commonly […]
Arbitration in Lebanon: Enforcing Arbitration Awards
This note focuses upon the final stage of arbitration proceedings, which involves the recognition and enforcement of an arbitration award, either domestic, international or foreign, in Lebanon. Arbitration in Lebanon is regulated by the Lebanese Arbitration Law, which has been codified into the Lebanese Code of Civil Procedure (“CCP”) through the enactment of Legislative Decree […]
Climate Law in Investment Arbitration – Two Sides of the Same Coin
The role of climate law in investment arbitration is a problematic issue. Even though environmental consciousness and sustainability are increasingly important in today’s world, and investment arbitration tribunals have also recently recognized the importance of adjusting investment law to support the goals of climate law, there seems to exist a clash between the two fields […]
Assessing and Forecasting Costs in Investment Arbitration
Many variables can influence the costs of investment arbitration. While the costs of parties’ counsel and the arbitral tribunal’s fees are far from trivial, other potential variables may be useful to assess and forecast the costs of investment arbitration disputes. In this post, we will explore how some variables may impact the parties’ overall costs […]
