On 8 October 2015, the Court of the International Chamber of Commerce (ICC) announced that it would now set out reasons for its procedural decisions. In this article Nicholas Gould outlines this new policy.
Articles - Arbitration and litigation archive
"ICC Court to issue reasons for procedural decisions"
Click to download PDF"eDisclosure and harvesting the documents in construction cases"
In this article Simon Tolson explains how the use of technology may assist in reducing the cost of litigation/arbitration by expediting and improving the process of disclosure of documents.
"Turkey and Middle East Construction"
September 2014
The main focus of this talk relates to the use of dispute escalation clauses in construction and engineering contracts that are becoming more wide spread in the UAE. This provides an opportunity to consider dispute resolution processes that are operating in the Middle East, and how those processes are being combined in, for example, Engineer Procure and Construct (EPC) contracts, and the differences that you find within the region.
"Getting the Deal Through – Construction 2014"
February 2014
In this publication Stacy Sinclair answers questions on English law ranging from bribery to mediation and everything in between. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Construction 2014, (published in August, 2013; contributing editor: Robert S Peckar of Peckar & Abramson, PC). For further information please visit www.GettingTheDealThrough.com [6].
"Is arbitration confidential?"
May 2013
It is generally assumed as a matter of commercial dealings that arbitration proceedings will be both private and confidential. In this paper, Richard Smellie looks at to what extent you can be sure that arbitration is private and confidential."Arbitration in outer space"
December 2012
Nicholas Gould has written this short article ‘Arbitration in outer space’. This is not, of course, strictly arbitration in outer space, but arbitration relating to space law, and so in reality disputes relating to the construction and launching of communications satellites together with the investments relating to that industry.
"Bharat Aluminium Co. v Kaiser Aluminium Technical Services, Inc."
November 2012
In a paper written for Fenwick Elliott’s autumn edition of International Quarterly, David Robertson reviews a recent Indian Supreme Court decision.
David discusses how this decision provides welcome support for a non-interventionist approach to international arbitration.
"New rules or old hat?"
February 2012
David Toscano considers the impact of the new arbitration rules issued by the International Chamber of Commerce (ICC) in January 2012.
“Enforcement – getting a real result on decisions and awards”
November 2011
In this presentation, David Toscano looks at the main tools available for enforcement of domestic and international awards and decisions, including adjudication, arbitration and Dispute Adjudication Boards. It considers the operation of the New York Convention for enforcement internationally and the use of tools such as charging and third party debt orders, freezing injunctions and Worldwide Freezing Orders.