In the arbitration clause of a contract, the contracting parties can choose whether the arbitral tribunal shall rule strictly as per the law or as “amiable compositeur”. This article analyses the advantages and disadvantages of the chosen option.
This post contains a conversation with Jan Bouckaert, founder of AfiTaC, about innovative services around contracts: lowering hurdles, facilitating learning, establishing a collaborative environment and much more.
It has become common practice in many jurisdictions for parties to split construction contracts with an international element. The split structure is intended to provide a reduced tax exposure for the contractor and a resulting pricing benefit for the employer. This article gives an interesting overview of potential additional burdens and risks of a tax split.
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration. The ICC Court has introduced rules for expedited arbitration procedures for small claims. Read the article for more information.
The ICC Rules of Arbitration are the most widely-used institutional arbitral rules in the world, especially in relation to international construction and energy disputes. The 2012 Rules explicitly require both the arbitrators and the parties to “make every effort to conduct the arbitration in an expeditious and cost-effective manner”. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations.