International Commercial Arbitration: Memorandum for the Claimant

The problem: The problem involves a controversy arising out of an international sale of goods. The controversy is before an arbitral tribunal pursuant to the ICC Arbitration Rules. The parties have agreed that the arbitration will be held in London, United Kingdom. Islandia, Mountaineo, and Ruritania the three (fictitious) states are parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), and have all adopted UNCITRAL Model Law. Issues to discuss: (For more details, please refer to the Procedural Order No 1 from the ‘Cousework Pack’ that is attached) In their next submissions the Parties are required to address the following issues: a. Should the Arbitral Tribunal lift the remaining part of the order made by the Emergency Arbitrator against Respondent on 23 December 2017? b. Does the Arbitral Tribunal have jurisdiction over the Additional Party, i.e. Global Minerals? c. Whether the Tribunal should order that Dr. Elisabeth Mercado be removed from the legal team representing the Claimant because of her relationship with the presiding arbitrator?

 

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