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Arbitration Agreements International Chamber of Commerce (ICC) Arbitration

Cooley LLP

Arbitration Bill Passes Second Reading at House of Lords

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After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated...more

Faegre Drinker Biddle & Reath LLP

Arbitration Institution Digest (Part 3): ICC Releases Statistics for 2023

In June 2024, the International Chamber of Commerce (ICC) released its preliminary statistics report for 2023 for their arbitration and alternative dispute resolution (ADR) services. The numbers show an increase in cases as...more

K&L Gates LLP

The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

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The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One...more

King & Spalding

Switzerland’s pro arbitration and pro investors approach: An arbitration agreement binds the new State in case of secession

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In a world where country borders can be unstable and we increasingly witness aspirations to split or annex territory, foreign direct investment faces a growing risk. In a recent dispute, the Swiss Supreme Court (“SSC”)...more

Hogan Lovells

Recent decision confirms disagreement between French and English courts regarding law to be applied

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The decision in the case of Kabab-Ji vs Kout Food issued on 28 September 2022 by France’s highest Court brings into particularly sharp focus the French and English court’s differing stance in deciding the law applicable to an...more

Orrick, Herrington & Sutcliffe LLP

Innovations in the New 2021 Swiss Rules: How Do They Fare Against the ICC and LCIA Rules?

The Swiss Rules of International Arbitration (hereinafter “Swiss Rules”) apply to all relevant proceedings in which the Notice of Arbitration was filed after 1 June 2021. They replace the 2012 version of the Swiss Rules and...more

WilmerHale

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48: UK Supreme Court clarifies approach to determining whether there...

WilmerHale on

In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement. In its unanimous decision in Kabab-Ji SAL v Kout Food...more

Akin Gump Strauss Hauer & Feld LLP

The ‘Third Act’ in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more

Jones Day

"Not a Cat’s Chance in Hell": English Court Clarifies Approach to Escalation Clauses

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The Situation: On 15 February 2021, the English High Court handed down a key judgment in Republic of Sierra Leone v. SL Mining Ltd on the issue of whether non-compliance with a clause containing a pre-arbitration procedural...more

WilmerHale

Revised ICC Arbitration Rules

WilmerHale on

The International Chamber of Commerce (ICC) has released revised arbitration rules, which are expected to become effective from 1 January 2021 and apply to arbitration proceedings commenced after that date. ...more

Orrick, Herrington & Sutcliffe LLP

The Launch of the 2021 ICC Rules of Arbitration

On 1 January 2021, nine years after the last major overhaul of the ICC Rules of Arbitration and less than four years after a very limited revision of these Rules in 2017,2 a new version of the ICC Rules of Arbitration will...more

White & Case LLP

New 2021 ICC Arbitration Rules

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As it continues to enjoy record caseloads during the COVID-19 pandemic, the International Court of Arbitration of the International Chamber of Commerce (the "ICC" or "Court") sets out its vision for the future of dispute...more

Hogan Lovells

What you need to know about the revised ICC Rules

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Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The...more

Jones Day

ICC Adopts 2021 Rules of Arbitration

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The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

Bennett Jones LLP

Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations

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On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitration, which will come into force on January 1, 2021. Among other things, the...more

Akin Gump Strauss Hauer & Feld LLP

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

Mintz - Arbitration, Mediation, ADR...

“Two-Tier” Arbitration: Progress in Enforcement of International Arbitral Awards in India

Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India (“ISC”) confirmed the enforceability there of a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America (May...

Impact of COVID-19 on Cross-Border Disputes - Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more

Akin Gump Strauss Hauer & Feld LLP

ICC issues Practice Note on Three Hot-Topics in International Arbitration: an Arbitrator’s Duty of Disclosure; Transparency in...

• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more

Mintz - Arbitration, Mediation, ADR...

New Rules of the Hong Kong International Arbitration Centre Arguably Foster Collective and Opt-In Class Arbitration

The Hong Kong International Arbitration Centre (“HKIAC”) has promulgated a new set of Administered Arbitration Rules (“AAR”), effective November 1, 2018. Among those rules are Articles 27-30 concerning the HKIAC’s powers to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing Acceptance of Arbitration in International Commercial Financial Transactions

Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more

Carlton Fields

Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of...

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In a case involving three related contracts, only one of which contained an arbitration agreement, the Ninth Circuit has held that incorporation of the rules of the International Chamber of Commerce (ICC) into an arbitration...more

McGuireWoods LLP

New Expedited Procedure Automatically Applies to ICC Arbitration Agreements

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The International Chamber of Commerce (ICC) has amended the ICC Rules of Arbitration to put in place an expedited procedure that automatically applies to all arbitration agreements concluded after 1 March 2017 where the...more

Hogan Lovells

The new ICC Expedited Procedure Rules

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On 1 March 2017, the new International Chamber of Commerce Rules (ICC Rules) came into effect. One of the main changes to the Rules is the introduction of the Expedited Procedure for matters that satisfy the requirements set...more

Locke Lord LLP

Appealing an International Arbitration Award: Drafting the International Arbitration Clause, Part 4 of 4

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It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more

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