Cross-border transactions

ADR, Arbitration, Climate change, Cross-border transactions, Energy Charter Treaty, Energy Dispute, Green Arbitration, ISDS, Surveys

(School of International Arbitration, Queen Mary University of London (QMUL)) and (Three Crowns LLP)/ /Leave a comment

The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…

Arbitration clause, Asia-Pacific, Cross-border transactions, Financial Agreements, Financial Industry, Financial Services Arbitration, HKIAC, ICC, International Swaps and Derivatives Association, Self-help remedies, SIAC

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In my previous post in September 2018, I discussed certain trends in the negotiation of arbitration provisions in derivatives documentation. I mentioned at the outset that the International Swaps and Derivatives Association (“ISDA”) had by then already provided detailed guidance on the use of arbitration clauses in the 2013 ISDA Arbitration Guide. A year on,…