The Troubled Waters of Asymmetric Arbitration Clauses
Even though asymmetric arbitration clauses seem to be used frequently in dispute resolution clauses for various industries, there is very little statutory guidance with regard to the validity of such clauses. Ultimately, the validity and use of asymmetric arbitration clauses
New Frontiers in International Arbitration? – The Prague Rules
The Prague Rules were drafted by lawyers with a Civil Law background and were officially introduced in December 2018. Their goal is not to override any existing arbitration or procedural rules but rather to provide parties with another choice of how
Limits to Party Autonomy in International Commercial Arbitration
Party autonomy is one of the most attractive features of international arbitration. However, parties do not have absolute freedom to determine the arbitration process. As this article will show, the extent of the parties’ freedom to structure the proceedings depends
International Arbitration – The German Model
International arbitration seems predominantly common law oriented and resembles increasingly American-style Court proceedings. It is therefore no wonder that over the years the various Queen Mary studies identify the same short-comings of international arbitration proceedings (ie, time and costs). As
A Grain of Civil Law – Some (Not So) New Chords for the International Arbitration Jazz
In this article, we argue that making a stronger effort to converge the best aspects of civil and common law procedure would help tackle one of the most urgent challenges that international arbitration is faced with today: overly lengthy and