International Arbitration Attorney Network

Frivolous Claims in Arbitration: ICSID Rule 41(5) and Rule 41: If a Claimant submits a request for arbitration to the International Centre for Settlement of Investment Disputes (ICSID), according to Article 36(3) of the ICSID Convention, its request will be registered, and the case will proceed unless the Secretary-General finds, on the basis of the information contained in the request, that the dispute is manifestly […] International Arbitration. #arbitration

Taxation of International Arbitration Awards: The taxation of damages in international arbitration awards should be a significant consideration for any party embroiled in an arbitrable dispute. According to Keller and Leikin, the average tax liability in cases heard before tribunals established under the International Convention for Settlement of Investment Disputes (the “ICSID”) is an eye-watering USD 16-38.5 million.[1] Nevertheless, the […] International Arbitration. #arbitration

Loan Agreements and International Arbitration: Globalisation led the world to make international transactions and cross-border loan agreements. Any breach could not be resolved solely locally. The need for an international solution evolved. The only method that could end international confusion appeared to be arbitration. Thus, international arbitration is increasingly recognised as a preferred forum for resolving disputes concerning international loan […] International Arbitration. #arbitration

Arbitration in North Macedonia: North Macedonia, a dynamic and evolving jurisdiction in Southeast Europe, is governed by a legal framework that aims to facilitate dispute resolution in both commercial and investment contexts. The arbitration regime in North Macedonia was enhanced when, in 2006, the North Macedonian government passed a new modern law, the International Commercial Arbitration Act. This legislation […] International Arbitration. #arbitration

Compliance with ICSID Awards: Established under the ICSID Convention, ICSID operates independently of local legal systems, providing an autonomous legal framework for dispute resolution. Compliance with ICSID Awards refers to the obligation of parties to adhere to and satisfy the terms of an ICSID award, typically through payment of monetary damages, specific performance, or other remedies ordered by the […] International Arbitration. #arbitration

Arbitration of Shareholder Disputes: Shareholder arbitration is a mechanism that permits parties to resolve shareholder-related disputes. Arbitration of shareholder disputes allows parties to resolve their conflicts outside of courts, using neutral arbitration, in an efficient and confidential way. There is a wide range of disputes that emerge between shareholders and between shareholders and the company, including disputes related to: […] International Arbitration. #arbitration

Emergency Arbitration: Balancing Urgency and Fairness: Emergency arbitration is a mechanism that permits a disputing party to request urgent interim relief before an arbitral tribunal is formally constituted. It is designed to provide prompt interim measures in situations where waiting for the constitution of the arbitral tribunal would result in irreparable harm or immediate danger.[1] There are several important practical considerations […] International Arbitration. #arbitration

Asymmetrical Arbitration Clauses: Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […] International Arbitration. #arbitration

KCAB Arbitration: Founded in 1966, the Korean Commercial Arbitration Board (KCAB) is an arbitral institution in South Korea. It is the only institution statutorily authorised to settle disputes under the Korean Arbitration Act.[1] The KCAB was established to facilitate the resolution of commercial disputes and evolved to become a prominent player in both domestic and international arbitration. […] International Arbitration. #arbitration

Azerbaijan’s New Arbitration Law 2024: A Step Towards Modernization: On 25 January 2024, Azerbaijan’s new arbitration law came into force, marking a significant milestone in the country’s efforts to modernize its dispute resolution framework (the “Arbitration Law”). This law regulates both international and domestic arbitrations and is largely based on the UNCITRAL Model Law, bringing Azerbaijan’s arbitration regime closer to international standards. Structure The Arbitration […] International Arbitration. #arbitration