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”.
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.
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.
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.
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 …