…interpretation of the IBA Guidelines The IBA Guidelines are not legal provisions and are not meant to override any applicable national law or arbitral rules chosen by the parties. The…
…Rules of CEPANI that have just been revised, 5 years after the 2013 revision of its Arbitration Rules. Finally, this issue contains a book review of the interesting and challenging…
…significant disputes, art and art law expertise and under arbitration rules (“AiA/NAI Court of Arbitration for Art Adjunct Arbitration Rules” (the “Adjunct Arbitration Rules”)) that have been designed to accommodate…
…arbitration. The same could apply in terms of time. But a shorter arbitration is not necessarily an efficient arbitration. While it may save the party money in the immediate term,…
…its article 14, numeral 2, which is very similar to the provisions in the English Arbitration Act or the U.S.A. Federal Arbitration Act, as follows: “(…) 2. The arbitrator, upon…
The Indian Parliament passed the Indian Arbitration & Conciliation (Amendment) Act, 2015 (“Amendment Act”) in a bid to refresh and reform the existing arbitration regime under the existing Arbitration Act….
…to activate arbitration clauses in Investor-State Disputes Settlement (ISDS). Firstly, there is a distrust of the alternative remedies to arbitration. In Nigeria, the Nigerian Investment Promotion Commission Act (NIPCA), which…
…and legal backgrounds. The Journal is the oldest academic journal dedicated to the field of arbitration and dispute resolution and boasts an unparalleled membership of around 16,000 individuals and online…
Arbitration as a Settlement Tool: Costly and Slow? As an alternative dispute resolution (ADR) mechanism, arbitration is not without its critics, particularly when it comes to time and money spent….
…resolution by mutual discussions, expert determination and arbitration. The arbitration clause provided for Lahore, Pakistan as the situs in general, but under certain circumstances, the arbitration clause provided that the…
…the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) 1958 has two grounds for non-recognition that may be relevant: (i) nullity of the arbitration agreement (Article V(1)(a)), or…
…Transparency in Treaty-based Investor-State Arbitration (the “Transparency Rules”) were thought to hold the potential to blaze a trail towards ISDS transparency and the UN Convention on Transparency in Treaty-based Investor-State…
…as a new legal profession by the 2011 Enforcement and Security Act. The most important reasons for its adoption are: low efficiency in enforcement procedures,6)The European Court of Human Rights…
…the House of Representatives, must go beyond ‘implied’ recognition of TPF and include express provisions to make TPF for Arbitration in Nigeria accord with best practices. Recent Move towards…
…under UAE Arbitration Chapter in combination with a leading set of arbitration rules, whether e.g. the local DIAC Rules, the ICC Rules or the free zone DIFC-LCIA Rules. In this…
…contained a pathological arbitration clause, in that the clause referred all future disputes to arbitration under the rules of a non-existing arbitration institution: the Conciliation and Arbitration Centre of the…
…s69 Arbitration Act 1996 is meeting users’ needs? Arbitration Act 1996, s69 Section 69 of the Arbitration Act 1996 (AA 1996, s 69) is a non-mandatory section which provides that…
…is the way in which procedural rules and legal devices (e.g. discovery tools and burden-of-proof rules) steer the legal process in a certain direction, and therefore also outcomes and behavior….
…International Arbitration Act; the OHADA Council of Ministers adopted three new texts on arbitration and mediation; and the Nigerian Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill 2017 was passed…
…tribunal. Deference should then apply both as to possible applicable laws and possible evidence. The court would effectively only conclude that an arbitration agreement is “null and void, inoperative or…
…arbitration has commenced or is only proposed. is not limited by any particular domestic court’s conflict rules. In many cases, a tribunal is not even bound to apply any national…
…relate to the conduct of the arbitration and, in some instances, seek professional assessments. As a consequence, Phase II should be completed by an attorney or party who actively participated…
…Toward Establishment of 21st-Century International Investment Rules –, 15 December 2015, https://www.keidanren.or.jp/en/policy/2015/119.html. It is true that Japanese companies tend to shy away from using arbitration – either commercial or…
…of the 2007 and the 2010 SCC Rules, Art. 16 and 17 of the 2013 HKIAC Rules and Art. 17 of the 2013 SIAC Rules). Assuming that the 28-day limit…
