1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators.[i] Parties hand over their fundamental right to have their dispute heard to one or more individuals in the hope that they will get it right. Arbitrators enjoy extensive power to decide on the merits and, apart from some limited circumstances, nothing can be done if they get it wrong.[ii] Faith in the fact that these individuals will…
While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very…
The United Arab Emirates (“UAE”) has experienced decades of economic growth and has emerged as a leading regional…
In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of an ICC award on grounds of public policy because the court had previously held that the arbitration clause was invalid. This outcome could have been avoided if the parties had specified a suitable arbitral seat in the arbitration clause. We will discuss this case and provide recommendations for avoiding such outcomes. Relevance of the arbitral seat The…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause…
Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of…
INTRODUCTION 1. Several International Tribunals have come to the conclusion that “[t]he requirements of independence and impartiality serve the purpose of protecting the parties against arbitrators being influenced by factors other than those related to the merits of the case.”2. Taking such statement as a starting point, this paper will focus on the importance that this double requirement has, both for resolving particular disputes as well as for the whole arbitration system itself. For that…