Reconsideration in investment arbitration is an exception to the rule that awards are final and binding on the parties to a dispute. There are four explicit remedies available for awards rendered under article 48 of the ICSID Convention. Parties can only bring their challenge under the ICSID Convention. First, a party can request a supplementary […]
News
Banking and Finance Arbitrations – ICC Report
The ICC Taskforce on Financial Institutions and International Arbitration, led by Co-Chairs Georges Affaki and Claudia Salomon, recently released a Report on the use of arbitration as a dispute settlement method in resolving financial disputes, i.e., banking and finance arbitrations, showing that arbitration could be used at a much larger scale bringing numerous benefits to […]
Successful Challenge of Arbitration Award before the French Conseil d’Etat
On 9 November 2016, following the challenge of an arbitration award before the French Conseil d’Etat, France’s highest administrative court, the administrative court rendered an interesting new decision on the issue of its power to review an international arbitration award in the context of a public contract. This decision arises out of an ICC award […]
Joint Venture Arbitrations
Joint venture arbitrations are common. Joint ventures are frequently international in nature, involving partners from different countries operating in various continents and involving multiple laws and jurisdictions. This led to a rising need for joint venture disputes to be resolved in a more neutral setting than before national State courts of just one party. Arbitration, […]
Palestine Threatens Sports Arbitration
The Palestinian Football Association (“PFA”) has threatened to go to the Court for Sports Arbitration (“CAS”) unless FIFA agrees to take action against Israel over clubs based in the “illegally occupied” territory of the West Bank. Our previous reporting on CAS, its role and jurisdiction can be found here. The dispute concerns six Israeli football […]
ICC Expedited Arbitration – Addressing Delays, Costs and Efficiency
On 4 November 2016, the ICC announced its amendments to the ICC Rules of Arbitration, applicable from March 2017, which includes Annex VI on the new ICC Expedited Arbitration Procedure. According to the Secretariat, the introduction of this procedure aims to address business concerns about the time and costs associated with an ICC Arbitration, by […]
Bucharest International Arbitration Court
On 2 November 2016, the American Chamber of Commerce in Bucharest launched a new centre in Bucharest, called the Bucharest International Arbitration Court (“BIAC”), presided by Annet van Hooft, the Paris-based co-head of Bird & Bird’s international dispute resolution group. The Bucharest International Arbitration Court is an independent arbitration court gathering 60 local and foreign […]
Commercial Arbitration in Saudi Arabia: Saudi Center for Commercial Arbitration
The Kingdom of Saudi Arabia, the largest economy in the Arabian Gulf, has seen significant positive developments for commercial arbitration in Saudi Arabia over the past few years. We previously reported on the New Saudi Arbitration Regulations passed in 2012. However, another important development was the opening of the Saudi Center for Commercial Arbitration (SCCA)[1], […]
Court for Arbitration for Sports (CAS): Serbia v. Kosovo, Round 2.
There have been interesting developments at the Court for Arbitration for Sport (CAS) based in Lausanne, Switzerland: a more political than legal dispute only adding to the worsening of Serbia’s and Kosovo’s already tense political relations. In May 2016, Kosovo became 55th Member of the UEFA by a decision passed by 28 to 24 votes. […]
