…down from the current generation of arbitration practitioners to the emerging generation. Prof. Nayla Comair-Obeid also noted that international arbitration has developed significantly, yet not solely in response to technological…
…the ability to choose an arbitrator is more than a hallmark of international arbitration; it is the keystone. Prof. Dr. Kaufmann-Kohler also noted that investment arbitration has recently faced significant…
…international commercial arbitration is party autonomy and party freedom in dictating the terms of their own dispute resolution. However, there are strong public interest factors which emerge in arbitration proceedings,…
…played by arbitral institutions and bodies in rule-making, in particular with regard to ‘arbitration procedure.’ Arbitration cannot exist in a vacuum and the contribution made by these institutions and bodies…
The panel on Arbitration Challenged II: The Realities of Arbitration Economics: Who Gets to Play, and What are the Implications, at ICCA Sydney 2018 Conference, was moderated by Susan Franck,…
The panel on Arbitration Challenged Part I: Reforming Substantive Obligations in Investment Treaties and Conditions of Access to Investment Arbitration, at ICCA Sydney 2018 Conference, was moderated by Meg Kinnear,…
…competitive field, with numerous existing institutions vying for a share of the Belt and Road disputes market, and new courts and institutions being established specifically for the purpose. It seems…
…recall that we made some important amendments to the rules in 2006, including strengthened disclosure requirements for arbitrators, expanded transparency provisions, and procedural rules designed to reduce the time and…
…Observations The CJEU held that the substantive provisions of the EU law preclude the ISDS mechanism of Article 8 of the Netherlands-Slovakia BIT and hence render any award stemming from…
If you are a counsel in an ongoing arbitration, you have two obligations: 1) navigate your ways through provisions of the applicable law so that you can litigate as a…
…arbitral award in New York unless the debtor is believed to have substantial connections with (and assets in) New York. 6)For a discussion of New York’s significance as a global…
On March 2, 2018, the England & Wales High Court (Court) for the first time set aside an investor-state arbitration award on jurisdiction (Award on Jurisdiction) passed against the Claimant…
…Achmea judgment very clearly extends to all provisions “such as” Article 8 of the Czechoslovak-Dutch BIT. That includes the ISDS provisions of the ECT, which is, therefore, extinguished, as between…
…similar provisions on consolidation have been introduced into the Dutch arbitration act and the SCC and the ICC Arbitration Rules. The Proposal: The law should introduce the possibility that two…
…apply transnational rules in conjunction with national law. Therefore, while applying national law, international arbitrators validate the outcome by reference to rules with wider recognition. In essence, she concluded, arbitrators…
…under Austrian law of this legal instrument. Unsurprisingly, the new provisions sparked a lively debate when officially presented to the Austrian arbitration community at the sixth ArbAut Forum on 19…
…about the consequences of a development that many in the global legal community have been long been waiting for: Iraq’s future accession to the New York Convention of 1958 on…
…the New York Convention as well as the absence of any treatment in case law. The respondent also argued that the LCIA rules, absent other agreement of the parties, require…
…the most useful means of providing guidance to new parties seeking funding, new third-party funders entering the market, and the increasing number of arbitrators and counsel that are encountering funding…
…of arbitrability in ICA and subsequently in domestic arbitration, too. Possibly, a growing scope of arbitrability might lead to “judicialization” of arbitration. “Judicialization” of arbitration might be a good thing,…
…the new game in town, Idil Elveris provides a comprehensive overview of Turkey’s new mandatory mediation regime for labour disputes. Idil explains the path to the adoption of mandatory mediation…
…has arisen. A new provision was introduced in the 2017 Expedited Rules whereby the SCC may invite the parties to “upgrade” to the regular Arbitration Rules (Art 11). In assessing…
…Kenyan Arbitration Act or the ICC Rules. In Tanzania, the 2013 Model production sharing agreement (PSA) provides for arbitration under ICC Rules. In Uganda, the 1999 Model PSC provides for…
…appealed decision was rendered in an investment treaty arbitration against a host state or any other type of international arbitration. It further recalled that, in reviewing jurisdictional decisions pursuant to…
