Arbitration Law Monthly

Unilateral arbitration clauses A clause which provides that one party to a contract may take disputes to arbitration, but which does not confer any such right on the other party, has in the past been held to be an arbitration clause. There is no..

Eco-Swiss and the Paris Court of Appeal The interaction of the provisions of EU competition law with the arbitral process has been the object of much debate. In particular, the question has arisen whether a state court may annul an arbitral award..

The use of an award in later arbitrations The courts have grappled with the concept of res judicata (Latin for ‘judged matter’) for well over a century. Res judicata is really a species of estoppel, and falls into two broad categories:..

The draft Mediation Directive On 22 October 2004 the Commission of the European Communities published a draft Directive entitled ‘On certain aspects of mediation in civil and commercial matters’, with a target implementation date of 22..