ICC Court Bulletin

An increasing number of cases filed with the ICC International Court of Arbitration involve States or parastatal entities as parties. Such cases raise many interesting and challenging legal issues, some of which are illustrated and discussed in the newly published ICC International Court of Arbitration Bulletin Vol. 15/No. 2, Fall 2004.

A State’s capacity to submit disputes to arbitration, the application of arbitration clauses to non-signatory States, the characterization of an agreement as an administrative contract, and force majeure are some of the questions addressed in extracts from six ICC awards and an accompanying commentary by Philippe Leboulanger, a specialist in the field.

The issue also in cludes a highly topical article on State immunity in light of the recent adoption of the UN Convention on Jurisdictional Immunities of States and their Property. Authors Claudia Annacker and Robert T. Greig note the differences between the Convention and existing legislation and case law in France, Australia, the USA, the UK and Italy, and discuss the practical implications for arbitration.

The key question of applicable law is examined in two further articles. Eduardo Silva Romero looks at the tension between public and private interests in State contract arbitration and its impact on choices of law and forum. Piero Bernardini considers the choice of a-national rules of law in both State contracts and private law contracts and in this context welcomes the newly enlarged UNIDROIT Principles of International Commercial Contracts.

Vol. 15/No. 2, Fall 2004 also contains a comprehensive step-by-step analysis of the new ICC Dispute Board Rules by Christopher Koch. A practising lawyer and member of the drafting group, he gives readers the benefit of his practical understanding of ICC DB procedure.

To subscribe to the ICC International Court of Arbitration Bulletin or order a copy of the latest issue 15/2, Fall 2004, please click here.