It is undisputed that certain deficiencies of the Mexican judicial system have sparked the need for developing and consolidating new alternative dispute resolution mechanisms such as international arbitration in Mexico. Mexico’s increasing multilateral trade, transnational dealings, disputes, as well as its international business community, have steered businesses to opt for incorporating international arbitration clauses into […]
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International Commercial Arbitration in Ireland
Ireland is legally well-equipped to prosper as a seat for international arbitration: it offers a familiar applicable law based on the 2006 UNCITRAL Model Law (i.e., the Irish Arbitration Act 2010), a court system supportive of arbitration, an English-speaking, common law legal system similar to that of England and, as a signatory to the New […]
Termination of Construction Contracts
The termination of a construction contract is one of the most powerful remedies an employer has against a contractor, especially when the contractor is in default.[1] There are numerous different situations in which the employer or, less frequently, the contractor, might have to resort to contract termination. Most commonly, a party resorts to termination due […]
Arbitration in Hungary
Arbitration in Hungary is governed by Act LX of 2017 on Arbitration (the “Arbitration Act”), which replaced Act No. LXXI of 1994 on Arbitration. The old arbitration act followed the principles set out in the 1985 UNCITRAL Model Law and therefore one of the main reasons for the review and recreation of the act on […]
French Court of Appeal Rules on Parties’ Waiver in ICC Arbitration
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 […]
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 […]
