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Commercial Arbitration

French court partially set aside ICC award for violating due process

Premium article - 17 February 2010

An ICC award rendered by well-known arbitrators has been partially revoked in Paris after the court found that the panel made its decision based on the Austrian legal principle of Geschäftsgrundlage, a concept not invoked by either party.

The ICC under scrutiny -  An interview with Jason Fry

The ICC under scrutiny - An interview with Jason Fry

Premium article - 28 October 2009

The past year has seen a host of changes at the ICC – from extra case-management teams and a branch in Hong Kong to the rules revision process and the controversial statement of availability forms. In a wide-ranging interview, Jason Fry describes the changes he has implemented and reveals others that are on the agenda.

Chinese court enforces mainland ICC award

Premium article - 14 October 2009

In a welcome break with past practice that may, even so, prove short-lived a Chinese court has agreed to enforce an award from an ICC arbitration heard on the mainland.

HONG KONG AND SINGAPORE: Court upholds mix-and-match clauses and punish wasteful challenges to awards

Premium article - 02 September 2009

Singapore’s highest court has upheld a clause that provided for ICC arbitration at the SIAC in a decision that offers more proof that some Asian courts are clamping down on strategic behaviour by losing sides. Richard Hill (partner) and Jessica Fei (counsel) of Fulbright & Jaworski LLP in Hong Kong report and offer comment

CONSTRUCTION: Arbitration in the Middle East - when is a deal not a deal after all?

Premium article - 02 September 2009

Is the re-opening of agreed contractual terms pursuant to Middle Eastern civil codes – a possible issue for credit crunch-related arbitrations? John Bellhouse (partner, London) and Luke Robottom (associate, Abu Dhabi) of White & Case explain

ARGENTINA: Should "constitutionality" be a magic word?

Premium article - 02 September 2009

In a troubling step, a court of appeal may have created a simple way for recalcitrant parties to avoid arbitration. By Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires

CONSTRUCTION: What's the value of a DAB's "binding" decision?

Premium article - 20 July 2009

A recently published ICC award has helped to answer this important question. By Christopher Seppälä (partner) of White & Case LLP in Paris, and the legal adviser to the FIDIC Contracts Committee

ARGENTINA: Four decisions affirm pro-arbitration tide

Premium article - 20 July 2009

After a blip, the tide in Argentine court rulings has swung back in the pro-arbitration direction. By Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires

THE MONEY COLUMN: "The fees of the tribunal can be considerable" - unconscionability and ICC deposits

Premium article - 20 July 2009

A US company recently tried to argue that ICC arbitration is so expensive it's unconscionable. By Mark Kantor, Washington, DC, attorney and member of Global Arbitration Review's editorial board

THE NETHERLANDS: Signing an arbitration clause while a company is under formation

Premium article - 20 July 2009

A director, who was pulled into arbitration against his company as a result of a mix up when signing a document, has persuaded a court to annul the award against him. By Thabiso van den Bosch (partner) of Conway & Partners