By Julio-César Betancourt, University of Salamanca and International Arbitration Law Clerk at 20 Essex Street
In international commercial arbitration, issues relating to the unconstitutionality of national law (or national legislation) are very rarely raised before the arbitral tribunal. Within a purely academic setting, Jan Paulsson once commented that “[t]here [was] nothing at all unorthodox about the proposition that international tribunals empowered to apply national law [are also entitled to] make plenary determinations about [its] constitutionality.” (J PAULSSON, International Arbitration Is Not Arbitration, (2008) 2 Stockholm International Arbitration Review 18.)
Continue reading Is It Possible to Halt A Constitutional Claim by Means of An Anti-Suit Injunction?
By Iosif Alexander Sosa, Student at Universidad Francisco Marroquín, Guatemala
The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or threatened to violate them. Because of the amparo’s broad scope, it can be used as a guerilla tactic in many of those jurisdictions, including Guatemala. This article addresses the Guatemalan Constitutional Court’s analysis on the admissibility of the amparo action on jurisdictional matters. Continue reading Arbitration in Guatemala: the admissibility of the amparo action regarding judicial assistance on jurisdictional matters
By Dr. Jur. Ihab Amro (Assistant Professor of Private Law and a Practicing Lawyer and arbitrator, Ph.D., University of Athens Law School, Greece)
This post presents an overview of online arbitration (e-arbitration’) as part of online dispute resolution (‘ODR’) techniques from both theoretical and practical perspectives.
E-arbitration is a major component of online dispute resolution (‘ODR’) in which parties can solve any dispute arising out of their contractual relationship online. E-arbitration is mainly used for the resolution of Business to Business (‘B2B’) cross-border e-commerce disputes, and partially used for the resolution of traditional cross-border commercial disputes. Continue reading Online Arbitration in Theory and in Practice: A Comparative Study in Common Law and Civil Law Countries
By Ahmed Tariq (Associate at Cornelius, Lane & Mufti, Pakistan)
Pre-arbitration procedural requirements come into operation before the commencement of arbitration proceedings where parties have agreed on a multi-tiered dispute resolution mechanism. They are especially common in construction and engineering contracts. The Islamabad High Court (IHC) in Pakistan has addressed issues related to the nature of these requirements and consequences of non-compliance in its recent judgment Pak. U.K. Association (Pvt.) Ltd. v. Hashemite Kingdom of Jordan [2017 CLC 599].
Continue reading The Nature of Pre-Arbitration Procedural Requirements in Pakistan: Mandatory or Optional?
By Matilde Flores, Associate at Curtis, Mallet-Prevost, Colt & Mosle in Paris
Article 30 of the 2017 ICC Rules of Arbitration, along with Appendix VI, constitute the Expedited Procedure Provisions (“Provisions“). These new provisions are among the most notable innovations of the 2017 ICC Rules, and are part of the ICC’s efforts to increase the efficiency and transparency of arbitrations. However, certain aspects of this Provisions may leave its users questioning whether the ICC has stricken the right balance between time and cost effectiveness on the one hand, and due process and other substantive rights on the other hand.
Continue reading Expedited Procedure under the 2017 ICC Rules – Does the ICC’s Priority for Efficiency and Cost Effectiveness Come at the Expense of the Parties’ Rights?