- December 22, 2021
English courts confirm failure to comply with pre-arbitration steps a matter of admissibility, not jurisdiction
Tiered arbitration clauses, where a party is required to attempt various dispute resolution alternatives such as negotiation and mediation, are commonplace in commercial contracts. However, despite their widespread use, up until this year the English courts had not directly considered the question of what happens when a party does not comply with pre-arbitration steps before … Continue reading English courts confirm failure to comply with pre-arbitration steps a matter of admissibility, not jurisdiction →
- December 17, 2021
Egyptian concession contracts: no longer arbitrable? Egypt’s Cassation court sets aside Damietta Port Authority US$490 million ICC award
The Court of Cassation in Egypt has set aside a $490 million ICC award against an Egyptian state authority following their termination of a concession contract. This post explores the decision in detail and considers the ramifications for arbitration in Egypt following the Court’s decision that, for certain issues, state administrative contracts are not arbitrable.