…arbitration is filed under the UNCITRAL Rules with the Permanent Court of Arbitration administering the dispute. The claim amount is circa USD 30 million. The seat of arbitration is Sweden….
…incorporate provisions directly addressing investors. In 2018, Brazil has signed three new cooperation and investment facilitation agreements with Guyana, Ethiopia and Suriname. All of them contain elaborated CSR provisions, focusing…
…January 2007. In this respect, after having recalled that “new rules apply, as a matter of principle, immediately to the future effects of a situation which arose under the old…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: General Assistant Editor and Assistant Editor for Central Asia and East Asia….
…imposed (see ICSID Convention Art. 47; ICSID Arbitration Rule 39). The same is true of the ICSID Additional Facility Rules and UNCITRAL Arbitration Rules (see ICSID Additional Facility Arbitration Rule…
…particularly if the new rules providing for expedited procedures are adopted. While these statistics show the growth of private-public arbitration, they do not shed much light on the procedural and…
…as a legal center. This status depends on Hong Kong’s separation from the PRC legal system, even as its importance to the PRC may make such separation less tolerable to…
…the traditional investor-state dispute resolution clause in favour of ICSID arbitration, or ad-hoc arbitration under the UNCITRAL Rules, along with chapters on arbitration of trade disputes and international commercial arbitration…
On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment…
…in an arbitration process and discussed the importance of neutrality of arbitrators as set out in Section 12(3) of the Arbitration and Conciliation Act, 1996 (A&C Act). It also discussed…
In its 61th edition, the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents articles on four different themes. Firstly, Fabiane Verçosa comments on the possibility of submitting individual labor disputes…
…Korean Arbitration Act does not stipulate that if the agreement on arbitral institution is ambiguous, it shall render the consensus of arbitration or the arbitration clause invalid”. The court further…
…the existence of an arbitration agreement.” (emphasis added) This provision and its judicial interpretation necessarily intertwine with fundamental arbitration tenets of minimal judicial intervention and kompetenz kompetenz, enshrined in Sections…
…the existence of the arbitration agreement §2: When examining the existence of an arbitration agreement, the court may find: §2-1: whether the arbitration agreement exists in fact (factum of existence);…
…a very limited group of fundamental rules and not all mandatory provisions of Greek law) and (ii) dynamic (meaning that the perimeter of such fundamental rules varies from time to…
…arbitration in general. This year, it brought together nine individuals from seven different countries and motivated them to achieve something spectacular, to win the world’s largest private law moot. Most…
Modern day arbitration agreements usually contain provisions that require parties to take certain steps before the commencement of arbitration. Such clauses, often described as “multi-tiered” clauses, set out a sequence…
…arbitration capacity from and within Africa and encouraging African governments and businesses to appoint African arbitrators and African counsel in their arbitration cases as well including African arbitration forums in…
…law provisions, but are confined to interpret only CETA provisions. Moreover, the CJEU stressed that the CETA tribunals “[…] have no jurisdiction to call into question the choices democratically made…
…relevant bodies, and the recorded process for implementing the long-awaited new DIAC arbitration rules. 1. DIAC’s Structure According to Article 6 of the New DIAC Statute, DIAC consists of a…
…from specific changes to the enforcement regime that are addressed in this article and that have important implications for the life-cycle of an international arbitration. This trend towards specialization is…
…amendments – coupled with the issuance of several arbitration-friendly decisions by the Courts have cleared up the doubts generated by the regulation of arbitration in the new National Civil and…
…geographic reach. They include updates on new mediation legislation in Azerbaijan, Romania and Georgia, a detailed summary of a bold Australian research initiative on dispute resolution, and posts on the…
…provisions – Morocco’s positioning as a stable FDI portal in Africa, combined with CIMAC’s unique assets, potentiate Morocco as a hub for international arbitration. Whilst a new Pan-African Investment Arbitration…
