It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only…
On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (ICC) approved and released its 2021 Rules of Arbitration (2021 Rules), in draft. These Rules are…
The judgment issued by the High Court of England and Wales in Xstrata Coal Queensland P Ltd & Anor v Benxi Iron & Steel (Group) International Economic & Trading Co (Xstrata) is a rare example of a…
There was a time when arbitrators were to a large extent immune from liability and could thus not be sued before national courts for damages caused to the parties to a dispute. This was true mainly…
Background
The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to…
The second edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held during the Paris Arbitration Week on Thursday 4 April 2019 at the Jeantet offices. The topic of this year’s edition…
What are Terms of Reference in the ICC Rules of Arbitration, and what are they for?
Article 23(1) of the 2017 ICC Rules provides
"As soon as it has received the file [of a new dispute] from the…
As worldwide competition amongst arbitral institutions continues, the Europe-based arbitral institutions have, thus far, been able to defend their strong market position. Currently, the International…
Article 30 of the 2017 ICC Rules of Arbitration, along with Appendix VI, constitute the Expedited Procedure Provisions ("Provisions"). These new provisions are among the most notable innovations of…
