…York Convention’ (2017) 33 Arbitration International 215-227. In line with the previous legislation, Article 1(2)(d) of the recast Regulation makes clear that it ‘shall not apply to … arbitration’, and…
…Macduff considers the recent developments in the UK and New Zealand regarding the provision of online legal information for prospective litigants and the development of online courts. In light of…
…the UNCITRAL Arbitration Rules, the HKIAC Rules, the AAA procedures, and the Korean Arbitration Act. The Court additionally noted, in that same paragraph, that even though the ICC Rules do…
Until a few decades ago, international arbitration was perceived to be a quick and inexpensive way of resolving disputes. However, the proliferation of legal rules, the disclosure of voluminous documents,…
The ICC Rules introduced expedited procedure with effect from March 01, 2017. With this, the ICC joined the league of other leading arbitration institutions such as SIAC, LCIA and HKIAC…
…very innovative provisions that accord with international best practices in arbitration, seeks in the main to repeal the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria,…
“Enforcement” of arbitral awards is one of the main selling points of arbitration, with the perception being that nothing yet comes close to the New York Convention to enforce court…
…Treatment (FET), and other non-discrimination doctrines such as National Treatment (NT). Some rules of international law are ascribed a greater legal significance in foreign investment law and this requires knowledge…
…of PCA Rules drafted in the 1990s and includes special provisions adapted to arbitrations involving public entities. That same year, the ICC released its revised Arbitration Rules allowing the Court…
…on the Kluwer Arbitration Blog, please subscribe here. References[+] References ↑1 See Lucy Greenwood and C. Mark Baker, Getting a Better Balance on International Arbitration Tribunals, Arbitration International, Vol. 28,…
After three high-value infrastructure and energy projects cases at ICSID and the Permanent Court of Arbitration, Bosnia and Herzegovina (“BiH”) is now facing a new US$40 million investment treaty claim….
…Association called “Smart Contracts and Distributed Ledger”. What Arbitration Can Do for Businesses which Embrace Blockchain: To grasp the revolutionary potential of blockchain technology and why arbitration is the ideal…
…of institutional rules of International Chamber of Commerce (“ICC”), Singapore International Arbitration Centre (“SIAC”) or London Court of International Arbitration (“LCIA”). Unwarranted judicial intervention and under-developed dispute resolution infrastructure and…
…unanimous decisions awarding Abengoa more than $100 million in damages. The awards were first presented to the US District Court for the Southern District of New York (as New York…
…arbitrations involving state-owned entities. In the last 15 years, the country has approved dozens of legal provisions authorizing arbitration in the public sector. A landmark of this decisive political move…
…Commercial Code enacted in 2015. This new legislation did not, however, repeal the existing arbitration provisions of the procedural codes, generating some tension between certain provisions that overlapped providing inconsistent…
…Model March Draft. Compliance with these positive obligations is necessary to benefit from the provisions of this Treaty.8) Article 9 of the Indian Model March Draft. Significantly, it also allows…
To readers of this Blog, the Dubai International Financial Centre (DIFC) is well known as an arbitration-friendly seat of arbitration in its own right. Developments there are fast apace and…
…41.5 of the ICSID Arbitration Rules, is interesting. In this treaty-based case, the investor submitted claims that had already been decided in RSM Grenada, a previous contract-based arbitration. The Grynberg…
…vocal embracer of the impact of new technologies on arbitration.1)Sophie Nappert and Paul Cohen, Case Study: The Practitioner’s Perspective, in Maud Piers, Christian Aschauerp (eds), Arbitration in the Digital Age:…
…will make such a determination on the basis of its rules of procedure and can actually render any arbitration agreement inoperative by the subsequent conduct of the parties, pursuant to…
…application of the EU law. The Court also drew a line between the investment arbitration and commercial arbitration. The Court has not considered that the conformity with the EU law…
…as an agent of the plaintiff; and, whether the arbitration proceedings were conducted in accordance with the rules of the International Cotton Association Limited, in my view, are the questions…
…arbitration rules, or by way of the IBA Evidence Rules. Moreover, as a matter of international law, arbitral tribunals are inherently equipped to safeguard the integrity of the arbitration in…
