The Immunity of the PRC Government in Hong Kong: Obtain Waivers or Waive Goodbye
…that, under the constitution of the PRC, the Hong Kong SAR was an entity of the CPG and thus Crown Immunity applies to the CPG. The upshot of all of…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Daman v. Oger: The First Decision of the Dubai-DIFC Judicial Committee (Part 1)
…challenges of the DIFC Courts’ role as a conduit jurisdiction (see http://kluwerarbitrationblog.com/2015/07/22/difc-court-of-first-instance-dismisses-application-for-referral-to-usc-of-purported-constitutional-conflict-between-uae-civil-procedures-code-and-dubai-judicial-authority-law-and-difc-arbitration-law/ and http://kluwerarbitrationblog.com/2015/09/05/host-jurisdiction-status-of-difc-courts-not-contrary-to-uae-public-policy/). Nevertheless, it would be prudent to introduce amendments to the UAE Arbitration Chapter prescribing a time-limit…
Arbitration Proceedings, Permanent Court of Arbitration, Provisional measures, Responsibility of States
A Partial Award has been issued in the Indus Waters Kishenganga Arbitration (Pakistan v. India)
On 19 September 1960, Government of the Republic of India and Government of the Islamic Republic of Pakistan (the “Parties”) signed the Indus Waters Treaty 1960 (the “Treaty”). A dispute…
Crude Oil Prices – What Lies Ahead for Arbitration Lawyers?
…agreements which harness existing market opportunities to the benefit of all parties, even when the subject matter of that agreement does not go to the heart of the dispute. This…
The Problem of Repeat Arbitrators in Investment Arbitration
…been an increased number of challenges to arbitrators in Investment Arbitrations subject to the procedures of the International Centre for Settlement of Investment Disputes (the “ICSID”). There is a strong…
Arbitrators, Commercial Arbitration, Investment Arbitration, National Arbitration Laws, North America
Confusion in Disclosure Guidelines for Arbitrators?
…and grounds for them.” In view of these continuing concerns, it will be important to watch how the Disclosure Subcommittee responds to the latest round of comments. Prof. Christopher Gibson…
Two recent Belgian cases on the review of motivation of arbitral awards at the annulment and enforcement stages
…national arbitration or under the one governing international arbitration. The grounds for annulment of arbitral awards in Belgium are laid down in Article 1704, 2, of the Belgian Code of…
The Duty to Give Reasons – A Robust Affirmation
…the importance of the arbitral reference and the panel’s conclusion”. In respect of this last point, the Court noted the significance of this particular arbitration to the parties and the…
The Belgian Government unveils its plan for the Brussels International Business Court (BIBC)
…points of law before the Supreme Court); the BIBC should be self-financing and the court fees are therefore going to be significantly increased (to around € 20,000/case). A potential competitor…
Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?
…to call into question not only the principle of mutual trust between the Member States but also the preservation of the particular nature of the law established by the Treaties,…
Singapore Court of Appeal: Sanum Investments Limited v The Government of the Lao People’s Democratic Republic
…reasoning is persuasive, the force of the reasoning might persuade the Court to agree with the tribunal. The author would add that in the present case, the eminence of the…
Jivraj – it’s back and this time it’s at the European Commission
…been revived, in the form of a complaint to the European Commission under article 258 of the Treaty on the Functioning of the European Union (“TFEU”). Mr Hashwani’s complaint is…
Here Comes the Sun …
…at www.kluwerarbitration.com – the intention here, to merely ‘whet your appetite’. The ‘Practice Tools’ (located in the top left-hand corner of the homepage) are something completely new (and exciting) for…
ICC Arbitrator Appointments: A First Look At The Data
…biographies on the website of the arbitrators, the majority – both male and female – of them struck me as young (at least by the standards of the arbitration community,…
Applications for Extension of Time for Passing the Award in India: Which Court to Entertain?
…must be noted that under the provisions of Section 11 of the Act (appointment of arbitrators), the competent court to entertain applications for appointment of an arbitrator is the Supreme…
Jerusalem Arbitration Center: Merchants of Peace
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion…
A complex matter: Bank guarantees and arbitration agreements
…assets of the bank in an amount equal to the guarantee. Eventually, Y. GmbH introduced arbitration proceedings against X A.S. under the arbitration clause of the construction contract. Bank guarantees…
CAFTA Labour Arbitration Should Play Out on Fast Track
…Dominican Republic (CAFTA-DR). While there have been a handful of arbitration claims brought under the CAFTA-DR’s investor-state dispute process, the U.S.-Guatemala proceeding is apparently the first state-to-state claim to be…
‘Experts’ in International Arbitration
…for the preference of the civilians was antipathy towards the notion of the tribunal-appointed expert being the person who actually decides the case; and the feeling of the common lawyers…
Book Discussion on Gary Born’s “International Commercial Arbitration”
…no intention of using this blog as a vehicle to promote Kluwer publications to the exclusion of the important works of other publishers. The point of the blog is to…
An update on moral damages in investment treaty arbitration
…various farms and assets. However, the tribunal declined to award moral damages to the claimants. In the tribunal’s view, the moral damages claim (for 100,000 Euros per claimant) was raised…
The Supreme Court of Greece Paves the Way for International ADR
…between the parties, leading to the ex parte termination of the contract, the Court of Appeals that examined the facts of the matter held that the competence of the ICC…
Registration Opens for Kluwer Arbitration London Event on October 14, 2015
…– Annette Magnusson – ‘Changing the Conversation. On Politics, Climate Change and the Importance of International Arbitration’ 10:05 – Stefan Kröll – ‘Party Autonomy in Arbitration’ 10:30 – Questions 10:40…
Fair and Equitable Treatment, Investment Arbitration, Investment protection, Investor, Legitimate Expectations
Bilcon of Delaware et. al v. Canada: A Story About Legitimate Expectations and Broken Promises
…expectations, which is most often the topic of intensive debate in the investment treaty arbitration arena, is the analysis of the extent to which representations of the host State are…