The Blockchain ADR: Bringing International Arbitration to the New Age
…then could the outcome be under the New York Convention? Are there advantages and new challenges? Yes. Article II of the New York Convention and the Blockchain Article II of…
…then could the outcome be under the New York Convention? Are there advantages and new challenges? Yes. Article II of the New York Convention and the Blockchain Article II of…
…Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice…
…carte approach of Canada and Mexico Canada is an interesting example of the very flexible à la carte approach regarding ISDS provisions. When CETA was first finalized, Canada agreed to…
…to Swiss law and contained an arbitration clause in favour of Swiss Rules arbitration in Zurich. The Engagement Letter concerning the ICC arbitration against D GmbH provided for different remuneration…
…Dismiss Pet. To Confirm Arbitration Award, ECF No. 23, Jan. 4, 2018. Judge Seybert rejected all three arguments. The Notice of Arbitration Article V(1)(b) of the NYC provides that the…
…risk losing their ability to file investor-state arbitration under the new USMCA altogether. Investors with qualified investments in Mexico may still have the option to bring an investor-state arbitration under…
Kluwer Law International and the Singapore International Arbitration Centre (SIAC) are pleased to announce their new partnership in publishing the latest edition of the Asian International Arbitration Journal (AIAJ). In…
…China International Economic and Trade Arbitration Commission (CIETAC) in Shanghai by three arbitrators appointed in accordance with the corresponding rules of arbitration…” LDK brought arbitration before New Sub-commission in October…
…– Kyoto; the introduction of mandatory mediation in Romania; developments in Vietnam’s legal and institutional framework for commercial mediation; the potential which lies in establishing strong connections across conflicts; the…
…legal issues in this context: (i) the legality of the prohibition of TPO and (ii) the independence of the Court of Arbitration for Sport (the “CAS”) towards FIFA. In this…
…it were a commercial arbitration. As a consequence, Part II and Sections 9, 27 and 37 of Part I of the Arbitration Act (provisions applicable to foreign seated commercial arbitrations)…
…in arbitration and setting aside or enforcement of international commercial arbitration awards; and iv. cases designated by the SPC when it deems appropriate), essentially, they operate only as an internal…
…the defendant. 2014: In a dispute between a foreign pharmaceutical company and a Turkish distributor, the court dismissed the case because it found the arbitration clause was invalid in the…
…called for special rules that are more compatible with procedural laws and arbitration practices in Hong Kong. Chapter VI was introduced in the CIETAC Arbitration Rules 2015 (the “Rules”), which…
Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary advantage of arbitration is that parties have the ability to choose their own decision-makers. The issue…
We are pleased to present you with this new issue of b-Arbitra, which is once more filled with thought provoking articles and new developments. This issue is published as part…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope – it states that it “shall apply to the recognition and enforcement…
…warrants promulgations of new rules. In any event, Kohlbach de Faria and Marra note that the bulk of funding inquiries they receive for arbitration dispute involve arbitration clauses referring to…
…for domestic arbitration, but not for ICA unless the parties have agreed to it. Confidentiality in Arbitration Rules Many arbitration institutions regulate confidentiality, but mainly as a duty of the…
…new rules, this post is overview of the court practice from the past nine months and it will highlight the most noteworthy cases. The Enforcement of Arbitration Agreements Ukrainian courts…
…IA. The issue was instead framed as whether D and E were parties to the arbitration agreement, which they had not signed. Objectively, the arbitration agreement did not apply to…
…scuttle the administration of justice. This would certainly affect the applicability of the various new provisions introduced across various statutes in India, such as provisions imposing strict time lines for…
…“Australia’s judicial processes as the world’s best”: p3); expert arbitrators and more ICA specialisation among law firms (including a growing number of global firm offices) and barristers; new arbitration centres…
…more detailed. ↑4 See LCIA International Arbitration Rules (2014), Article 18.6. ↑5 In contrast, see Article 10.1 of the LCIA International Arbitration Rules (2014). ↑6 In contrast, see Article 10.6…