The Contents of b-Arbitra, Issue 2018-1
We are pleased to present you with this new issue of b-Arbitra, which is once more filled with thought provoking articles and new developments. This issue is published as part…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Material Scope of the 1958 New York Convention: Russian Courts Make It Broader
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope – it states that it “shall apply to the recognition and enforcement…
Snapshot on Litigation Finance in Latin America
…warrants promulgations of new rules. In any event, Kohlbach de Faria and Marra note that the bulk of funding inquiries they receive for arbitration dispute involve arbitration clauses referring to…
Confidentiality in International Commercial Arbitration: Truth or Fiction?
…for domestic arbitration, but not for ICA unless the parties have agreed to it. Confidentiality in Arbitration Rules Many arbitration institutions regulate confidentiality, but mainly as a duty of the…
Arbitration Reform in Ukraine in Action: First Results
…new rules, this post is overview of the court practice from the past nine months and it will highlight the most noteworthy cases. The Enforcement of Arbitration Agreements Ukrainian courts…
Can Directors Rely on their Companies’ Arbitration Agreements?
…IA. The issue was instead framed as whether D and E were parties to the arbitration agreement, which they had not signed. Objectively, the arbitration agreement did not apply to…
Supreme Court of India ‘Rules Out’ the Rulebook in Favor of Substantive Rights
…scuttle the administration of justice. This would certainly affect the applicability of the various new provisions introduced across various statutes in India, such as provisions imposing strict time lines for…
Australia’s (In)Capacity in International Commercial Arbitration
…“Australia’s judicial processes as the world’s best”: p3); expert arbitrators and more ICA specialisation among law firms (including a growing number of global firm offices) and barristers; new arbitration centres…
Arbitration Institutions and Rules, Astana International Financial Centre, Early Determination, Enforcement, Institutional Arbitration, Kazakhstan, Overriding Objective
Why arbitrate at the Astana International Financial Centre?
…more detailed. ↑4 See LCIA International Arbitration Rules (2014), Article 18.6. ↑5 In contrast, see Article 10.1 of the LCIA International Arbitration Rules (2014). ↑6 In contrast, see Article 10.6…
Towards an Exceptio Fundati? Assessing a (Potentially) Emerging Exception for Third Party Funding in Investment Treaty Decisions on Security for Costs in the Wake of Armas v. Venezuela
…for ordering security for costs where a claimant-investor in an investment treaty arbitration receives third party funding. This touches upon an issue for which investment treaty arbitration has struggled to…
A Candid(e) View on English Case Law in Times of Brexit
…another very strong pro-arbitration stance in a challenge under s.68 of the Arbitration Act 1996 (“the 1996 Act”) (serious irregularity). As the ground for serious irregularity in this LCIA case…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Costs, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Sweden, Third party funding
Third Party Funding in Sweden – Uncovering Uncharted Territory
…can ensure its independence if not informed of the existence of TPF. Currently, neither Swedish arbitration legislation nor any arbitration rules impose any apparent obligation for parties to disclose funding…
Generating Needed Information about Arbitrators, One Arbitration at a Time
…to the often-corrupt Peruvian courts, a (relatively) new Peruvian law requires that all disputes arising under State contracts be submitted to arbitration.2) Article 45.1, Legislative Decree N° 1341 amending the…
Achmea, Arbitration, BIT, European Union, Investment Arbitration, Principle of proportionality, Slovakia
Slovak Republic v. Achmea: A Disproportionate Judgment?
…the Kluwer Arbitration Blog (See e.g., articles authored by Florian Stefan, Clement Fouchard and Marc Krestin, and Vivek Kapoor). This is not surprising. The CJEU held that the arbitration clause…
Brazil, CFIA, Development, foreign direct investment, Investment agreements, Investment law, Latin America
Cooperation and Facilitation Investment Agreements in Brazil: The Path for Host State Development
…bring new wording to old traditional clauses inserted into BITs (such as National Treatment, Most-favored-nation Treatment, and Expropriation), introduce new safeguard clauses to regulate investments and investors’ behavior (as corporate…
New Signs of Good Prospects for International Arbitration in Argentina?
…pave the way for frivolous challenges and generate delays. The rules governing domestic arbitration pursuant to the existing instruments Although Argentina’s new Arbitration Act establishes a new framework for international…
Madrid High Court of Justice and the Setting Aside of Arbitral Awards
…There has been a significant volume of new entrants at all levels of an emerging (and profitable) niche of the legal market (here). The new entrants naturally have different levels…
Interim Measures by Chilean Courts in Aid of Foreign Arbitration
…proceedings. Such rules remain applicable to local arbitration proceedings due to the dualistic nature of the Chilean arbitration system: on the one hand, domestic arbitration governed by general rules and,…
First Lusophones’ Arbitration Meeting: Note and Invitation Translating Cultures and Promoting Arbitration
…publicity in arbitration involving State entities, and the experience of CAMARB in this respect. He also talked about the new CAMARB Arbitration Rules (2017) with provisions on publicity and transparency…
Arbitration, Arbitration Awards, Arbitration Proceedings, BIT, Bolivia, Clean Hands Doctrine, General Principles of International Law, International arbitration, Investment Arbitration
Cleansing the (Un)clean: The Ongoing Saga of the Clean Hands Doctrine
…and a significant number of national legal decisions (e.g., P. Dumberry, “State of Confusion: The Doctrine of “Clean Hands” In Investment Arbitration after the Yukos Award“, 17 Journal of World…
Practical Tips for Handling Construction Claims and Disputes: Managing Documentary Evidence
…parties once the arbitration begins. Early document review can also help spot privileged and confidential documents that a party can withhold in the upcoming arbitration. Again, engaging outside counsel to…
Do Parties Need Recourse against Interim Awards?
…a stay of the arbitration proceedings, which can include the conduct of the other party in relation to the arbitral proceedings. However, costs incurred in potentially useless arbitration proceedings would…
Is Article 16(3) of the Model Law A ‘One-Shot Remedy’ for Non-Participating Respondents in International Arbitrations?
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such ‘non-participating’ respondents, what…
Arbitration clause, Derivate Contracts, Financial Industry, HKIAC, India, LCIA Arbitration, Singapore International Arbitration Centre
Negotiating Arbitration Provisions in the Derivatives Context: Perspectives
…foremost choices are Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC). 3)See e.g. Joe Liu (Hong Kong International Arbitration Centre), The Use of Arbitration for…