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Compensation in a Force Majeure Event Introduction Before considering any remedies, contractors might have steps, they may take to mitigate costs, it is necessary to first understand the definition of force majeure as defined by UAE jurisprudence and the different elements attached to it. When it comes to force majeure,…
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Legality of the Unilateral Appointment of an Arbitrator India A unilateral appointment clause is an agreement that gives one of the parties the opportunity to choose between two available options to settle a dispute, while only one of the options is available to the other party. Whether Unilateral Appointment Clauses…
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Enforcement of New York Convention Awards in the UAE Introduction Arbitration clauses are becoming more and more prominent in corporate agreements, the reason behind this is the ease with which disputes can be dealt with as compared to the traditional court system. In any case, a corporation may find that…
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Confidentiality in International Arbitration Introduction Confidentiality is the essence of trust, which is why individuals, corporations and even government bodies resort to Arbitration. Confidentiality is attractive to litigants internationally for a myriad of reasons, like freedom of making arguments which would not normally be made at a public forum, or…
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Procedural Overview onto the rules of arbitration at the Ras Al Kamiah Reconciliation and Commercial Arbitration Center Although a dispute may be resolved through court litigation, the parties in the new era are increasingly submitting their disputes for mediation, arbitration or any other Alternative Dispute Resolution (“ADR”). Since a long…
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Five Landmark Jugement on Cross Border Arbitration in India The world has become a global village with the advent of globalization. Business organizations have expanded themselves across and beyond borders leading to an increase in cross-border transactions. Agreements and contracts executed between commercial organizations many times go ugly, thus, giving…
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Guide to International Arbitration "When will mankind be convinced and agree to settle their difficulties by arbitration?"- Benjamin Franklin A year ago, it seemed as if Brexit was finally about to happen. One year on, they are in the same position again. At one point, albeit, it seemed likely…
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DIFC-LCIA Arbitration comparison with DIAC Arbitration Manchester United is playing Arsenal. In an incredibly intense contest between the two, at the 85thminute, there is a coming together between the players inside the penalty box. The referee, to understand the incident and know who the perpetrator was, uses the help of…
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Victim-Offender Mediation: An alternative to the Criminal Justice System? Abstract: Victims feel progressively baffled and estranged by our current frameworks for justice. Despite the fact that the criminal justice framework exists accurately, victims abused by criminal conduct have no legitimate remaining during the time spent getting justice. Traditionally, mediation is…
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A Guide on Dispute Resolution in Singapore Introduction A conflict is virtually inevitable wherever there is human interaction. Some of these conflicts may erupt a dispute in any structure of interaction or relationship, and others may perhaps result in a multifarious international hostility and confrontation. Successively, dispute resolution processes have…
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Dispute Resolution under the New UAE FDI Law The United Arab Emirates’ new law on Foreign Direct Investment (FDI), which came into effect on October 30, 2018, will set a new point of reference by permitting 100 percent foreign ownership of companies in UAE. The new enactment, which plots who…
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Arbitration Law under the United Nations Commission on International Trade Law Established on 17 December 1966, The United Nations Commission on International Trade Law (UNCITRAL) was founded in response to the realization that the trans-global community is acutely economically connected. Understanding this assembly, UNCITRAL was enacted to govern bodies participating…
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Singapore International Arbitration Centre Singapore has been growing in popularity for international arbitration with the support of the government’s policy to facilitate the best arbitration Centre in the region. The tremendous growth of the Chinese and Indian economy in the last few decades drives Asian markets to the next level.…
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German Arbitration Institution Rules 2018 March 1, 2018 the German Institution for Arbitration (DIS) enacted a new set of arbitration rules to revise and replace Germany’s 1998 regulations. The predominant changes (made by a panel of 300 DIS members) resulted in an enhancement in procedural efficiency. Under the 2018 Rules,…
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