…fresh proceedings under FET, full protection and treatment and expropriation provisions (among others) under the Grenada-United States Bilateral Investment Treaty. RSM did this on the basis of new evidence relating…
…and independent common law legal system and pro-arbitration judiciary; and Hong Kong being home to multilingual legal and commercial professionals who are familiar with foreign investments and working with Chinese…
…have oftentimes been described as indispensable in order to uphold arbitration as a fair and efficient way of dispute resolution.3)See Gary Born, International Commercial Arbitration 2425 (2d ed. 2014). To…
…ICSID Arbitration (2016) 31(2) ICSID Review 434. Section A of this blog suggests an alternative approach to interpreting an arbitration clause for the purpose of determining whether the scope of…
…over international commercial disputes, the Brussels International Business Court (“BIBC”). The stated aim of this new court is to position Brussels as a new hub for international commercial disputes, in…
…the provisions relating to applicable law were different? In particular, would the reasoning on the adverse effect of the arbitration clause on the autonomy of EU law still apply? If…
…Procedure, allowing recourse to arbitration in a dispute with a state-entity: […] The State and public legal entities may resort to arbitration regardless of the nature of the contract in…
…It has met all the local legal requirements necessary for its operation at the time of its launch. JD has also built server infrastructure in a third country in order…
…has been monitoring its existence, the International Council for Commercial Arbitration. A more moderate, yet realistic point of view: The New York Convention works, but it requires various instruments of…
At the recent Finnish Arbitration Institute’s Arbitration Day in Helsinki, I spoke on the topic of the future of arbitration from the user’s perspective. While I am not a futurist…
…new insights into the shaping of international commercial arbitration. Petra Kiurunen asked whether there is anything new under the sun if we think about hot topics in international arbitration. She…
…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…
