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The use of experts and neutrals in ADR is a growing trend. In response to this, the ICC launched a new set of Expert Rules (“the Rules”) in February 2015 that seek to expand and enhance its services in this area. The Rules replace those that came into force in January 2003. They now comprise three sets of rules for the appointment and administration of experts and neutrals, with each set relating to a service…

TRADITIONAL ARBITRATION INSTITUTIONS IN TIMES OF ANTI-RUSSIAN SANCTIONS There has been discussion in recent months about a potential shift away from the common preference of Russian companies to refer disputes under their contracts to LCIA (or sometimes ICC) arbitration in London, with English law as the governing law. The shift is considered to be a reaction against the imposition of sanctions by the United States and European Union in relation to events in Crimea and…

The Energy Charter Treaty (“ECT”) is a multi-national agreement that entered into force in 1998. It is designed to establish an international framework for cooperation in the energy industry, with a focus on the Eurasian energy market. It focuses on facilitating trade, protecting investments and managing disputes. Only recently, there have been several new developments regarding the ECT. Many European countries like Spain have been sued from investors for their solar energy reforms. A few…

In a recent decision rendered on 28 August 2014 (decision 4A_74/2014, published in the official record of the decisions of the Swiss Federal Supreme Court as ATF 140 III 477), the Swiss Federal Supreme Court clarified the grounds for setting aside interim awards, i.e. awards in which the arbitral tribunal does not decide on the claims before it, but only determines a preliminary question in the affirmative, so that the arbitral proceedings may continue (for…