arbitral awards

A Moment In The Drizzle: Could Brexit Represent An Opportunity For Arbitration?

A Moment In The Drizzle: Could Brexit Represent An Opportunity For Arbitration?

A trigger that came with more warnings than the Daily Mail in a post-colonial gender studies course, the formal notification of Article 50 has brought into relief the fact that the EU-UK legal framework is moving swiftly towards the Rumsfeld paradigm: “There are things we know that we know. There are known unknowns. That is to say there are things that we now know we don’t know. But there are also unknown unknowns. There are things we do not know we don’t know”. Read more

Posted by GPC Series in GPC, Opinion
When arbitration is used and why

When arbitration is used and why

In almost all instances, arbitration must be contemplated at the contract drafting stage. Parties may, of course, agree to take a dispute to arbitration at any stage, but once a dispute has broken out, positions become polarised, and agreement is accordingly less likely.

The reasons for preferring arbitration clauses to the more usual reference to the courts – in a commercial context – boil down to the so-called “three Es”: expedition, expertise and enforcement. Read more

Posted by GPC Series in GPC, Introductory Guide
An Introduction To Construction Disputes

An Introduction To Construction Disputes

Many factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Read more

Posted by GPC Series in GPC, Introductory Guide
London After Brexit: Business As Usual?

London After Brexit: Business As Usual?

Reading the headlines, Brexit-ing Britain may appear a hostile place – the public, we are told, favours being told the number of foreigners being employed by companies in Britain, and academics at the London School of Economics find that they are debarred from giving their non-British opinion on Brexit, lest, one assumes, they steal bread from the mouths of native political scientists.

It would be careless, therefore, for lawyers not to ask what impact Brexit would have on the UK as a seat of arbitration. As it stands, the UK- or more specifically, London – is clearly an attractive seat for arbitration proceedings, being the home of the Chartered Institute of Arbitrators, the London Court of International Arbitration, and the London Maritime Arbitrators Association. Read more

Posted by Peter Boyle in GPC, News
Answering The Call For A New York Convention On Conciliation

Answering The Call For A New York Convention On Conciliation

Alternative methods of dispute resolution are a topic on the legislative agendas of a large number of countries as states actively work to promote their use. A reoccurring issue related to the spread of alternative dispute resolution (ADR) mechanisms is enforceability, of both the mediation/conciliation clause and the settlement arising thereof.

In light of the above efforts, the 47th Session of United Nations Commission on International Trade Law (UNCITRAL) called upon its Working Group (WG) II to create an instrument on the enforcement of international commercial settlement agreements resulting from conciliation/mediation. Read more

Posted by GPC Series in GPC, News