Has Arbitration Remained the Preferred Method of Choice in the International Trade?
By: Dr. Mehrdad Mohammadi For decades, international arbitration has been considered as the preferred method for resolving disputes arising from international trade. Its core principles – neutrality, confidentiality, and enforceability – offered a seemingly perfect solution for navigating the complexities of cross-border commerce. However, with the ever-evolving landscape of international trade, a critical question emerges: […]
Drafting and Negotiating International Contracts
Contracts are an essential part of international business transactions. Contracts are written agreements between two or more entities that establish clear legal obligations for both parties. The drafting and negotiating of contracts requires an understanding of legal terminology, international business law, and a knowledge of specific international trade regulations, depending on the nature of the […]
International Commercial Arbitration in a nutshell!
In this brief video, we have outlined the concept of international commercial arbitration and its various benefits.
Reflections on “Damages” in International Arbitration Awards
Damages in commercial arbitration are the legal remedies a claimant can seek for a breach of contract. Damages in this context can be categorized into two broad categories – compensatory damages and punitive damages. Compensatory damages are awarded to compensate the injured claimant for losses suffered, while punitive damages are awarded to punish the […]
Choice of law clause: Is UNIDROIT Principles of International Commercial Contracts the right choice?
When engaging in international contracts, both parties should be clear and explicit about the jurisdiction and choice of law clause in order to avoid future misunderstandings and potential disputes. The clause should clearly specify the forum in which the potential claim can be brought and the laws by which the contract is governed. Furthermore, the […]
The Art of Successful Business Negotiation: Strategies for Contracts Legal Managers
By: Dr. Masoud Habibi Introduction Successful business negotiation is an essential skill for contract legal managers, as it forms the foundation of productive client relationships and ensures favorable outcomes for their organizations. Negotiating contracts, whether with clients, suppliers, or partners, requires a delicate balance between assertiveness and flexibility. In this essay, we will explore […]
Enforcement of International Arbitration Awards: Conditions & Challenges
By: Dr. Mehrdad Mohamadi Introduction: Enforcing international arbitration awards is essential for maintaining the integrity and effectiveness of the arbitration process. When parties enter into an arbitration agreement, they do so with the expectation that the resulting award will be binding and enforceable. Without the ability to enforce these awards, parties may be less […]
Who is an international commercial lawyer?
An international commercial lawyer is a legal professional who specializes in helping clients conduct business across national borders. These lawyers handle a wide variety of legal matters, from mergers and acquisitions to contract disputes and international arbitration. International commercial lawyers provide legal representation on matters such as taxation, export control, corporate structuring, and consumer laws. […]
CAS Time Limits: Ensuring Fairness and Justice
Deadlines are extremely important in sports arbitration proceedings, as they shape the course of the proceedings, and establish the timeline of when decisions must take place in order to avoid unfairness to either party and the overall justice of the proceedings. Deadlines provide clear guidance and expectations for the parties involved, allowing them to effectively […]
IBA Rules v. Prague Rules in International Arbitration
The International Bar Association Rules on the Taking of Evidence in International Arbitration and the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration are two sets of rules that provide guidance on the efficient conduct of international arbitral proceedings. Although they have the same purpose, the two sets of Rules are […]