Problems with Arbitration

Question 1

The Siemens-Dutco decision of the Cour de cassation (Corr the kar-sah-shon)

Answer 1

In Dutco, there were 2 respondents who each wanted to nominate an arbitrator in an ICC arbitration.

However, the then ICC Rules required them to each nominate an arbitrator between the both of them.

Unhappy, the respondents later challenged the composition of the tribunal to the French court. The Cour de
Cassation (Corr the kar-sah-shon) considered the appointment process to be contrary to public policy and set aside the ICC interim-award.

This decision led the ICC to amend its rules. Now, the ICC may decide on the appointment of all the arbitrators, if the respondents cannot collectively agree on a joint arbitrator.

Question 2

Sapphire v National Iranian Oil Company (NIOC)

Answer 2

A Canadian company (Sapphire) contracted with an Iranian national oil producer to carry out prospecting work.

Question 3

Republic of India v Vedanta Resources SGCA

Answer 3

The SGCA refused to grant a declaration on questions of law concerning confidentiality, finding that the application was an abuse of process as it sought to invite the court to revisit issues that had already been decided by the arbitral tribunal.