«More African governments have now had actual experience of arbitration proceedings against them, and the cost that those incur, so there is now a growing trend that governments shouldn't accept
international arbitration clauses as easily, and that they tend to backfire against local governments.»
«Fifteen years ago all governments accepted that in order to attract foreign investors they needed to accept
international arbitration clauses,» says Yves Baratte, a Paris - based energy and infrastructure partner at Simmons.
«It's putting Toronto on the map for the international community,» she says, noting she hopes those drafting
international arbitration clauses will be more likely to think of Toronto as a seat of arbitration as a result.
The original inspiration came from a Dupont in - house guide on drafting
international arbitration clauses that was shared with CPR.
Not exact matches
As Director of
Arbitration and ADR, North America, for the ICC
International Court of
Arbitration, she advised North American companies, law firms and parties on all phases of ICC
arbitration, including negotiating and drafting
arbitration clauses, substantive and procedural rules for filing requests for
arbitration before the ICC Court, and enforcement of
arbitration awards
The
arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an
international arbitral tribunal under the ICC
Arbitration Rules.813
In Patel v. Kanbay
International Inc., the
arbitration clause was contained in a shareholders» agreement, which the employer claimed had been incorporated into the employment agreement.
It offers more than 200 model
arbitration and forum selection
clauses and associated provisions for
international contracts.
International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of differen
International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model
arbitration and forum selection
clauses for
international contracts and explains the advantages and disadvantages of differen
international contracts and explains the advantages and disadvantages of different approaches.
In fact, article 425 of AML, in its first
clause, establishes that
international arbitration is regulated by treaties, conventions and protocols signed and ratified by the Ecuadorian State.
In addition, multinationals systematically want to apply
international arbitration as a dispute resolution
clause, which is not always accepted, although more accepted in Morocco.
Considering the
international circumstances an
arbitration clause might be a good solution too.
In Fiona Trust Corp, the House of Lords also held that
arbitration clauses in
international commercial contracts ought to be liberally construed, and that parties to
arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal, unless language to the contrary is present.
In
international commercial agreements,
arbitration clauses must be construed against the background of a presumed intention that a single tribunal will determine all of the parties» disputes and the
arbitration clause must be given a broad interpretation.
The revised fifth edition of
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolu
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing
international arbitration agreements and other dispute resolu
international arbitration agreements and other dispute resolution
clauses.
Treaties may have a sunset date and almost always have dispute resolution
clauses, often requiring
international mediation or
arbitration.
After adverting to the earlier judgment in case of Bhatia
International (supra) and Venture Global (supra) it is held that the said judgments would have no application once the parties agreed by virtue of
Clause 27.1 of the agreement that the
arbitration proceeding would be conducted in Singapore i.e. the seat of
arbitration would be in Singapore.
On publication of your new article, «Pathological
arbitration clauses, good faith and the protection of legitimate expectations,» published in
Arbitration International.