…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…
…negative perceptions surrounding arbitration as a dispute resolution mechanism, such as its supposed lack of speed, and correspondingly, its putatively high cost. Certainly, international commercial arbitration cases involve numerous variables…
This is one of a series construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City. Arbitration can be classified as follows:…
…practice in international commercial arbitration and arbitration rules from various arbitration institutions such as ICC, SCC, ACICA and HKIAC: (i) whether the request of arbitration had a reasonable possibility to…
…a short period of time. One example is the ICC Dispute Board Rules, where arbitration clauses have been particularly designed to envisage this two-tier adjudication, as complemented by friendly arbitration…
…contract signed by both parties. (2) The Seat of Arbitration: Parties to smart contracts should prioritize their choice of the seat of arbitration. In essence, a seat of arbitration underpins…
…potential arbitral dispute in a seat such as New York City, Singapore, or Hong Kong. The Response From California’s International Arbitration Community The international arbitration community in California responded with…
…the New York Convention. In response, HEPI argued that Article VI did not apply because India had brought proceedings in India rather than Malaysia, the seat of the arbitration. The…
…legal advice on the applicability and enforceability of smart contracts based on the legal framework of each participating jurisdiction will be required beforehand. In this regard, we can identify at…
…to grant interim relief measures pursuant to the following provisions under PRC law: Article 28 of the PRC Arbitration Law (hereinafter “Arbitration Law”) provides that: “[a] party may apply for…
…Arbitration Amendment Act 2010 (Cth)). In other words, parties had to expressly agree that the confidentiality provisions of the IAA applied to their arbitration. The legislature did not consider that…
…118/2017-, which explicitly set forth that disputes arisen from the agreements executed under them may be submitted to arbitration. Furthermore, the new favorable trend for arbitration has been expressly…
…its parties. Legal Challenges Related To Smart Contracts Smart contracts raise numerous enthralling legal challenges. This section will try to shed light upon some of these legal challenges as follows:…
In the world of International Arbitration (“IA”), one distinguishes between commercial arbitration and investment arbitration, the latter widely referred to as Investor-State Dispute Settlement or ISDS, as a dispute resolution…
…substantive provisions governing arbitration while the Ethiopian Civil Procedure Code, put in place five years after, governs the procedural aspects. According to these Codes, Ethiopian Courts are involved in different…
…driven and most institutional rules as well as soft law rules such as the IBA Rules on Taking of Evidence in International Arbitration (“IBA Rules”) allow for creative and liberal…
…v Shen Zhen In any case, discovery of some dimension is usual, especially in a complex arbitration, like a competition based arbitration. Many institutions have adopted rules to deal…
This season the draft Rules on Conduct of the Taking of Evidence in International Arbitration (the Prague Rules) are a regularly occurring topic at European arbitration events. In a nutshell,…
…Prague Rules: Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration? Duarte G. HENRIQUES presents the Prague Rules, a new set of guidelines…
…very attractive investment destinations, including from new economic powers such as China, whereas intra-African foreign investment is also on the rise. These developments are reflected in the legal framework for…
…and enforcement of international arbitration agreements. Hence, international arbitration agreements, or rather, ‘the rights arising therefrom’ — and this is the key — enjoy a special protection. International arbitration agreements…
…gives to States to become a party to a new treaty, one cannot assume that yet again 160 States would sign on to the New York Convention’s replacement. Even if…
Five years after filing the Permanent Court of Arbitration (PCA) Case No. 2013-32 under the European Development Fund Arbitration Rules (EDF Rules), the claimant, Consta JV (an Italian contractor), would…
…African arbitration practitioners which has negatively impacted on their participation in international arbitration (including Africa-connected disputes). The primary perception is that African arbitration practitioners are not skilled enough to be…
