NOVÉ ROZHODCOVSKÉ PRAVIDLÁ MEDZINÁRODNÉHO ARBITRÁŽNEHO SÚDU V PARÍŽI (PROBLÉMY SÚČASNEJ APLIKAČNEJ PRAXE)
New ICC Arbitration Rules – current issues in arbitration practice
The International Arbitration Court in Paris (“the ICC Court“) is nowadays the leading arbitration institution in Europe. Its new arbitration rules have entered into effect on the 1st of January 2012 („the ICC Rules“), being an undisputed improvement of its predecessor from 1998. Up to now, there have not been noted any critical voices in international arbitration writings, which would concern the application of the new ICC Rules. Indeed, it appears flawless, except for one complication, caused by ignorance of the strengthened position of the ICC Court in relation to the ICC arbitration’s organization. The trouble is, that authors of the new ICC Rules really enacted an absolute exclusivity of the ICC Court for all ICC arbitrations. The latest dispute in HKL v. Rizq International has then set alive again the European – Asian polemic about the rightness of hybrid arbitrations. In the aforementioned case, the Singaporean judges decided in 2013 in favour of hybrids, supporting the international arbitration practice in Singapore. The soundness of their decisions is questionable. Be that as it may, the reasons of their issuing may be deduced by the gradual analysis of the most resonating hybrid ICC arbitrations under the SIAC insatiable roof – and this is exactly a well-hidden topic of the following study.
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