…law, such as when one is contractually weaker or lacks legal advice. Prof. Schwenzer added that in her experience, parties may, at times, chose laws to apply to their contracts…
…arbitration, to ask “what do you want to be when you grow up?” (Patricia Shaughnessy, Pre-arbitral Urgent Relief: The New SCC Emergency Arbitrator Rules’, Journal of International Arbitration, (2010), Volume…
…reference. This reflects a perception of the role of the seat of arbitration and its legal significance as the sole link between arbitration and national legal orders which decisively inform…
…enhanced adoption of the UNCITRAL Model Law. Part 3 of the Arbitration Regulations 2015, which governs arbitration proceedings, applies to arbitrations “where the seat of the arbitration is the Abu…
…class action and arbitration law were designed independently and the legal framework does not necessarily provide for a specific legal apparatus to allow combination of the two. Still, that does…
…a UK court has been exequatured before the withdrawal date, the EU rules on recognition and enforcement of such judgments of the UK will not apply to a judgment of…
…arbitration law.8)Article 58 of the Egyptian arbitration law. Conclusion The question of arbitration and competition law is a question of equilibrium between both of them in a way to ensure…
…arbitration agreement is subject to the jurisdiction of a tribunal formed under the arbitration agreement”2)Do arbitration agreements in bills of lading bind their holders? Watson Farley & Williams, August 2018,…
…way to self-regulate and to ensure that high standards are followed. Jacomijn van Haersolte-van Hof, LCIA, noted, also related to the costs of arbitration, that LCIA sees the need of…
…the “English way” of conducting international arbitration, and, in this context the role of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration. Related to this, Andrew…
…legal order; whether the ISDS provisions under CETA are compatible with the principle of equal treatment; and whether the court system provisions under CETA are compatible with the right of…
…on the arbitration of financial services disputes from the perspective of the LCIA. In terms of numbers, the significance of arbitration is not at all neglectable for this sector. Namely,…
…on? My joining the LCIA coincided with the launch of the 2014 LCIA Arbitration Rules. While it was a steep learning curve, the arrival of the new Rules formed a…
…the merits due to the arbitration clause. The courts declared the dispute resolution clause (both the arbitration and “prorogation” parts) invalid referring to the Sony Ericsson case. They concluded that…
Despite the variety of investment treaty disputes involving assets in the Post-Soviet jurisdictions in Central Asia, assessment of damages in each particular case is often heavily debated by the parties,…
The growing repository of international commercial arbitration case data maintained by Dispute Resolution Data (DRD) is designed to enable practitioners to use analytical tools, ranging from simple to complex, for…
…immunity from jurisdiction both in respect of arbitration proceedings and any subsequent recognition and enforcement proceedings by agreeing to arbitration under the BIT. Secondly, the cassation court concluded that the…
…the State had not breached such obligation In 2017, Conecta commenced a commercial arbitration seated in Buenos Aires against Uruguay under the Rules of the International Chamber of Commerce (ICC),…
…new models of Bilateral Investment Treaties, such as the Dutch Model Bilateral Investment Treaty; (ii) the amendment process of the Arbitration Rules of the International Centre for Settlement of Investment…
…a benefit for Mexico that the USMCA was concluded. International investment arbitration is in the process of changing and USMCA is an example of the new provisions that are being…
…EU law would only be breached if the CETA Tribunal could (i) interpret and apply EU rules other than the provisions of the CETA or (ii) issue awards having the…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Africa. The Assistant Editor reports directly to the coordinating…
…arbitration. Hong Kong also has specialized maritime arbitration centres and organizations such as the China Maritime Arbitration Commission Hong Kong Arbitration Center and the Hong Kong Maritime Arbitration Group to…
…Sign an Arbitration Agreement and Article II(2) of the New York Convention”, ICCA Congress Series No: 9, 1998, p. 90; Gary Born, International Commercial Arbitration, Kluwer Law International, 2014, p….
