A Rather Unexpected Ruling

In Dima y Gelesa c. Interurbano de Prensa, the Tribunal Superior de Justicia, Madrid, on February 28, 2017, has issued the rather unexpected ruling. During the challenge proceedings of an award, the parties had agreed to waive the challenge. The Court held that, once the Court is seized of a challenge against an award, the […]

Qualification as Arbitrator

In Tonic Star c. Allianz, the arbitration agreement required, for the appointment of the arbitrator, “not less than ten years experience of insurance or reinsurance”. A QC with more than 10 years experience in such a field was appointed as arbitrator. He was challenged on the ground that experience has to be in the business […]

Quick or Summary Arbitral Procedure to Dismiss Unmeritorious Claims

Following SIA and SCC, even ICC has emphasized in its Notes on the Conduct of Arbitration under the ICC Rules that arbitral tribunals have the authority to determine “manifestly unmeritorious claims or defenses on an expedite basis”. This is the result of its construction of Art. 22 of its Rules which provides that the arbitral […]

Doubts as to Emergency Arbitration

The Emergency Arbitration rules which were introduced in Singapore and Hong Kong, then by the ICC, in the waive of the Uncitral Model Law revision, which provides for enforcement of emergency arbitration awards is nevertheless a source of doubts. First as to the nature of emergency awards, i.e. whether they are real arbitration awards and […]

New Ukrainian Legislation and the requirement of written evidence of an arbitration agreement

Law no. 2147-VIII of 15 December 2017, which has reformed arbitration law in Ukraine, has provided inter alia that it is expressly allowed to enter into an arbitral agreement by an exchange of electronic communications. Is this in line with Art. II of the New York Convention 1958, which provides that the term “agreement in […]

The Wroclaw Court of Appeal and the special ICC rules for the appointment of arbitrators when a party is a State

This Polish Court of Appeal has set aside an ICC award on the grounds that the defendant (a Polish municipality) would have been affected by a non-compliance by the ICC with its rules on the appointment of arbitrators. The arbitrator who had been appointed was, as requested by the Claimant, not connected with Polish entities […]

Intra Arbitration Appellate Proceedings v. the One-Shot Doctrine and the European Union

Since some decades, the European Court of Arbitration (CEA) has introduced intra arbitration appellate proceedings, a practice which is strongly opposed by believers of the One-Shot doctrine. CEA has been practically alone in advocating such appellate proceedings since the greatest part of arbitral institutions handling commercial arbitration have been clearly against it. ICSID arbitration too […]