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?