Category: ARBITRATION

Rules of Arbitration of the International Chamber of Commerce

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ARBITRATION

The International Court of Arbitration (the “Court”) of the International Chamber of Commerce (the “ICC”) is the arbitration body attached to the ICC. The statutes of the Court are set forth in Appendix I. Members of the Court are appointed by the Council of the ICC. The function of the Court is to provide for the settlement by arbitration of business disputes of an international character in accordance with the Rules of Arbitration of the International Chamber of Commerce (the “Rules”). If so empowered by an arbitration agreement, the Court shall also provide for the settlement by arbitration in accordance with these Rules of business disputes not of an international character.

Doctrine of unconscionability of arbitration clause

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The unconscionability of the arbitration clause can be considered separately from that of the contract as a whole. Respect for arbitration is based on it being a cost-effective and efficient method of resolving disputes. When arbitration is realistically unattainable, it amounts to no dispute resolution mechanism at all. Given the conclusion that the arbitration agreement is invalid because it is unconscionable.

UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration-2013

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ICJ

For the purposes of the Rules on Transparency, a “treaty” shall be understood broadly as encompassing any bilateral or multilateral treaty that contains provisions on the protection of investments or investors and a right for investors to resort to arbitration against Parties to the treaty, including any treaty commonly referred to as a free trade agreement, economic integration agreement, trade and investment framework or cooperation agreement, or bilateral investment treaty.

Permanent Court of Arbitration Schedule of Fees and Costs

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ICJ

The PCA is an intergovernmental organization devoted chiefly to the administration of international dispute resolution proceedings involving at least one state, state-controlled entity, or intergovernmental organization. As such, the PCA does not seek to provide full administrative services in disputes exclusively between private parties.

Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd-26/11/2019

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SUPREME COURT OF INDIA JUDGMENTS

ARBITRATION-In exercise of the power conferred by Section 11(6) of the Act, we appoint Dr. Justice A.K. Sikri, former Judge of this Court as the sole arbitrator to decide all the disputes arising out of the Agreement dated 22.05.2017, between the parties, subject to the mandatory declaration made under the amended Section 12 of the Act with respect to independence and impartiality and the ability to devote sufficient time to complete the arbitration within the period as per Section 29A of the Act.

Parsa Kente Collieries Ltd. Vs. Rajasthan Rajya Vidyut Utpadan Nigam Ltd- 27/05/19

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ARBITRATION AND CONCILIATION ACT 1996- Arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. It is further observed and held that construction of the terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the contract in such a way that it could be said to be something that no fair minded or reasonable person could do.