In a recent decision, Case No. 10/2023 dated 24 October 2023, the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around…
In a recent decision, the General Assembly of the Dubai Court of Cassation (“General Assembly”) decided that non-payment of the advance on arbitration costs does not affect the arbitration clause…
In a recent ruling of 8 June 2023 in Case No. 1514 of 2022, the Dubai Court of Cassation has taken a fresh look at a number of procedural questions that frequently arise in UAE-seated arbitrations…
In a judgment issued by the Dubai Court of Cassation (“COC”) on 8 June 2023 (Dubai Court of Cassation No. 1514/2022 Commercial), the COC confirmed that the condition precedent of referring the…
This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed…
A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this debate does…
This post is the first in a series of three regarding the potential impact of economic sanctions on arbitral and financial institutions. The series addresses critical issues faced by such…
It is not uncommon to encounter international arbitration cases in which one party, usually the respondent, refuses to pay the advance on costs set by the institution. This may occur when that party…
Introduction
Article 48.1 FAI Rules provides that, in any international arbitration, FAI shall fix an advance on costs which the parties must pay in full before the case file is transmitted to the…
