Kluwer Arbitration Blog brings expert analysis and fresh perspectives that simplify complex arbitration issues for the arbitration community worldwide. Since its launch on 28 January 2009, Kluwer Arbitration Blog has…
…award lacked a legal basis, given that the ECT does not apply to intra-EU investor-state arbitrations. The EC concluded that, even disregarding this fact, the Award cannot have any effect…
…issued by Company U1. Contract 2020 did not include an arbitration agreement between the parties. Subsequently, Company U1 issued a new distributor code, 41002584, to Mr. T, who inherited the…
…Arbitration Act. For example, a prior Kluwer Arbitration Blog post titled Deciding the Question of Applicability: Arbitration Amendment Act, 2015 – Kluwer Arbitration Blog explains the limits of the interpretation…
…United Kingdom (“UK”) government. The case was noteworthy as the first to be heard under the dispute resolution provisions of the TCA, the agreement that sets out the legal framework…
…GAR for the Best Lecture of the year. Finally, the book review section starts with a review written by Nikos Lavranos regarding the book, The Conduct of International Arbitration Proceedings,…
…treatment, and developed three distinct arbitral regimes based on the different statutory and policy priorities at issue in labor arbitration, domestic arbitration, and international commercial arbitration. But since the 1980s,…
…This contrast can be attributed to stronger arbitral institutions, like the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC), an adaptive legal framework, and continuous…
…encouraging new investments in Ukraine, monetizing frozen assets through its existing mechanisms, and bolstering its legal and institutional frameworks through capacity development and legal reform. In this sense, Ms. Talasova…
…industry or finance, who may be relied upon to exercise independent judgment,” while the UNCITRAL Arbitration Rules do not provide for any such requirements. The parties are expected to choose…
…arbitration field. Based on the data, the article evaluates the role and initiatives of arbitration institutions and the arbitration community in further promoting diversity and proposes ideas to strengthen diversity….
…preferred seat for international arbitration, providing clearer rules and a stronger enforcement regime. Most leading arbitration jurisdictions (e.g., UK and Singapore) separate arbitration from other ADR methods, making arbitration more…
…owned by India. The Devas Contract contained an arbitration clause providing for arbitration in accordance with the rules and procedures of the International Chamber of Commerce or the United Nations…
…investment allocation in arbitration finance. Expansion beyond traditional arbitration hubs: While litigation funding has been dominant in London, New York, and Paris, emerging arbitration centers in Latin America and Africa…
…of the 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre regarding Coordinated Proceedings (discussed in this blog post) attempt to address this issue through coordinated case…
…the legal tech sector: Alisha Andert (Legal Tech Verband), Dr. Micha-Manuel Bues (Bryter), and Dr. Dierk Schindler (Liquid Legal Institute). All panelists affirmed that AI adoption is inevitable for the…
…March 1, 2024. The new Arbitration Act implemented appeal provisions similar to those in Ontario’s Arbitration Act. Notably, the new Arbitration Act expanded the grounds on which a court may…
…violation of public policy. Article 38 ICC Rules: Tribunal Discretion and the Scope of “Other Costs” Article 38 of the ICC Rules outlines the framework for cost allocation under…
…such issues, including the Blockchain Expedited Arbitration Rules by the London Chamber of Arbitration and Mediation(LCAM), aimed at resolving disputes in the Web3 and digital asset space, and the UNCITRAL…
…virtues of waiting. The AI Guidelines From 2023 to March 2025, many have attempted to regulate the use of artificial intelligence in arbitration: the American Arbitration Association–International Centre for…
…decisions that ultimately must be incorporated into the final award to have a binding effect. While institutional rules governing emergency arbitration were said to vary, unpredictability remains a common risk….
…appeal may stem from either the arbitration agreement itself or the arbitration rules agreed upon by the parties. Regarding Article 34(2) of the UNCITRAL Arbitration Rules, the Court of Appeals…
…litigation is zero-sum—there is always a losing party. Despite that, Rabinowitz prefers litigation over arbitration for one key reason: the right to appeal. In arbitration, choosing arbitrators can work well,…
…leads to complex questions in investment arbitration claims. One uncommon, but not entirely novel issue, which was again brought to light in Iskandar Safa and Akram Safa v. Hellenic Republic…
