2 Arbitral Institutions

2015 ◽  
Author(s):  
Cohen Smutny Abby ◽  
Polášek Petr
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
International Market ◽  
International Arbitration ◽  
Chamber Of Commerce ◽  
International Court ◽  
International Chamber Of Commerce

This chapter surveys arbitral institutions and arbitration rules relevant to the resolution of international financial disputes. It focuses on four factors that are important in the context of financial disputes: the selection and qualifications of the arbitrators; the speed and efficiency of the proceeding; the confidentiality of the proceeding; and the costs of the arbitration. Arbitral institutions covered include the Panel of Recognized International Market Experts in Finance (P.R.I.M.E. Finance), the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the International Centre for Dispute Resolution (ICDR), the International Centre for Settlement of Investment Disputes (ICSID), the Dubai International Arbitration Centre (DIAC), the Hong Kong International Arbitration Centre (HKIAC), and the Singapore International Arbitration Centre (SIAC).

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

15 Costs: (SIAC RULES 34 TO 37)

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
Hong Kong ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Part C ◽  
Chamber Of Commerce ◽  
Key Features ◽  
The Cost ◽  
International Chamber Of Commerce

This chapter discusses Singapore International Arbitration Centre (SIAC) Rules 34 to 37. Parties negotiating a contract have to decide whether to agree to have disputes determined by municipal courts or through arbitration. Cost can be a major factor in that decision. Part A of this chapter begins with a look at the cost of arbitrating a dispute in comparison to having a dispute determined by litigation. There follows an analysis of the key features of the assessment of costs in SIAC arbitration in Part B. In Part C, the SIAC costs of arbitration are compared to the costs payable by parties in disputes administered by two of SIAC's regional competitors, the International Chamber of Commerce and Hong Kong International Arbitration Centre. Finally, Rules 34 to 37 of the SIAC Rules (2016), which govern the calculation and apportionment of the fees and expenses of an arbitral tribunal, the SIAC Secretariat, and individual party costs, are each considered in turn in parts D to G.

International Arbitration in Korea

2017 ◽  
Author(s):  
Kim Joongi
Keyword(s):  
Hong Kong ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Substantial Growth ◽  
Arbitration Board ◽  
International Chamber Of Commerce

This book provides an introduction to more than 140 arbitral cases and commentaries in Korea. It introduces the arbitration community to the jurisprudence and scholarship of this underappreciated but well-developed jurisdiction. The book encompasses all the major current and historical arbitration cases in Korea, alongside practical and scholarly commentary. In keeping with the growth of international arbitration in Asia, Korea is emerging as an alternative centre of arbitration, and the number of international arbitration cases involving Korean parties remains substantial in major arbitration institutions such as the International Chamber of Commerce, Singapore International Arbitration Centre, and Hong Kong International Arbitration Centre. The Korean Commercial Arbitration Board (KCAB) continues to report substantial growth in the number of international arbitrations. Furthermore, Korea’s Arbitration Act, as well as the KCAB’s own International Rules, were revised in 2016.

International Commercial Arbitration

2020 ◽  
pp. 768-791
Author(s):  
Yves Dezalay ◽  
Bryant G. Garth
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Global Trade ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Institutional Entrepreneurs ◽  
Marginal Group ◽  
International Chamber Of Commerce

This chapter traces the development of international commercial arbitration, which is often presented as a response to the demand for law and dispute resolution created naturally by an increase in transnational commerce and investment. Indeed, the International Chamber of Commerce (ICC) in Paris was relatively marginal from its establishment in 1923 until the increase in global trade and commerce that came in the 1970s and 1980s. The demand naturally created the supply. Based on the recognition that this market was not inevitable, it has been argued that the rise of international commercial arbitration depended on institutional entrepreneurs around the ICC. The chapter then looks at how the relatively marginal group around the ICC that Sgard studies gained credibility and acceptance from both multinational enterprises and developing countries.

Sofregaz V. NGSC (CA Paris)

2021 ◽  
pp. 1-22
Author(s):  
Marie-Laure Bizeau
Keyword(s):  
European Union ◽  
Natural Gas ◽  
United Nations ◽  
Gas Storage ◽  
Public Order ◽  
International Arbitration ◽  
International Court ◽  
Form Part ◽  
International Chamber Of Commerce ◽  
Court Of Appeal

On June 3, 2020, the International Commercial Chamber of the Paris Court of Appeal (the Court or the Court of Appeal) dismissed the annulment application brought by the Société Française d'Etudes et de Réalisation d'Equipements Gaziers (Sofregaz, now called TCM FR) of an arbitral award rendered in Paris on December 27, 2018, in favor of the Iranian Natural Gas Storage Company (NGSC), pursuant to the Rules of Arbitration of the International Court of Arbitration of the International Chamber of Commerce (ICC Rules). The Court ruled in particular that U.S. sanctions against Iran do not form part of French international public order but that European Union (EU) and United Nations (UN) sanctions do. This ruling provides useful guidance on the interaction between international sanctions and international arbitration.

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