U.S. District Courts Rule Consent Awards Fall Within New York Convention
…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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
A Preview of the Forthcoming ICCA-Queen Mary Report on Third-Party Funding
…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…
The Act is not the entire story: How to make sense of the U.S. Arbitration Act
…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,…
Kluwer Mediation Blog – March Digest
…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…
Arbitration Institutions and Rules, Arbitration Proceedings, Expedited arbitration, SCC, SCC Rules, Sweden
Expedited Arbitration at the SCC: One Year with the 2017 Rules
…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…
Navigating Specialist Energy and Natural Resources Arbitration in East Africa
…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…
Les Jeux Sont Faits: Swiss Supreme Court Upholds Investment Treaty Award against Public Policy Challenge in a Gambling Case
…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…
New OHADA Arbitration Text Enters Into Force
The revised OHADA Uniform Act on Arbitration (the Arbitration Act) and revised Rules on Arbitration of the Joint Court of Justice and Arbitration (the CCJA) (the Rules), as well as…
Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
…to appeal in any court and is considered as an arbitration award rendered in Hong Kong for the purpose of enforcement under the New York Convention. Online arbitration is also…
Arbitration as a Market
…different from commercial arbitration. Investment arbitration is different from commercial arbitration mainly because it is a creature of public international law; it follows that rules of treaty interpretation apply and…
Africa, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, International arbitration
Impact of Foreign Direct Investment on Arbitration in Africa
…Disputes (ICSID) Rules, or ad hoc arbitration under the UNCITRAL Rules. All in all, the arbitration process offers parties greater control and ownership of the process and maintains a strong…
Nordic Offshore and Maritime Arbitration Association (NOMA): Could the Nordic Maritime Model Attract a Wider Audience?
…with an advocacy forte because of the habitual emphasis on the hearing when resolving disputes. For a new set of rules, one could have anticipated provisions on trending topics such…
Advocacy, Arbitration, Book Review, Contract Drafting, Risk Management, UNIDROIT Principles of International Commercial Contracts
The Future for Cross-Border Contracts: In combination with Arbitration Clauses, the UNIDROIT Principles of International Commercial Contracts provide a Practice-Proven Bridge between Common and Civil Law
…legal discussion about the soft law character of the principles. The same is true when parties of an arbitration agreement decide to apply the UNIDROIT Principles later, during the arbitration,…
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
…public policy under Brazilian law. In addition to these well-known provisions inspired by the New York Convention, the STJ’s internal rules state that a foreign judgment, including a foreign arbitral…
Revisiting Anti-Suit Injunctions Post Brexit: Some Lessons from the US
…Post-Brexit’ (2017) 83(3) Arbitration 254, at 256. ↑2 Ndolo D, at 263 ↑3 HM Government, The United Kingdom’s Exit from and New Partnership with the European Union 2017, at 13….
Legitimate Expectations in Renewable Energy Treaty Arbitrations: The Lessons So Far
…Czech Republic (“Wirtgen”) PCA Case No. 2014-03; Novenergia II-Energy & Environment (SCA) (Luxembourg), SICAR v. Spain, SCC Arbitration 2015/063 (“Novenergia”). No Breach Found Charanne, which was the first decided investment…
Consolidation of Arbitral Proceedings and its Ramifications on a Party’s Right to Challenge the Jurisdiction of the Tribunal and the Arbitral Award
…allow for consolidation. Ensuring as a preliminary matter that the mechanism for consolidation and any waiver provisions in the institutional rules or national arbitration laws adopted accords with the parties’…
Achmea, Arbitration, Energy, Energy Charter Treaty, European Commission, European Union, Italy, Spain
Novenergia v. Kingdom of Spain, the ECT and the ECJ: Where to now for intra-EU ECT claims?
…domestic law, which provides an exclusive source of legal rights and remedies for intra-EU relations, including investor protection. The tribunal must apply EU law in reaching its decision. Therefore, the…
Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration
The Structural Implications of Belt-and-Road Arbitration: China’s Legal Gamble across Eurasia
…upon existing BITs from the third generation that offer ICSID rules or UNCITRAL rules as possibilities. But such new rules might – nonetheless – impact the manner in which the…
Tips from the Top: Young ICCA interviews Augustin Barrier, Lalive
…essential feature of what makes a good arbitration practitioner: actual legal skills. Having an in-depth knowledge of International Arbitration as a field is of course very important. However, it is…
After Achmea: The Need for an EU Investment Protection Regulation
…way forward for an effective investment and investor protection within the EU. Now that the CJEU decided that investment treaty arbitration based on intra-EU BITs is not compatible with EU…
The Death of ISDS?
…that it is based on a model of commercial arbitration with ad hoc tribunals consisting of party-appointed arbitrators and limited oversight even though it implicates public law and policy. These…
Is International Arbitration in a Race to the Top?
…York Convention, by enacting new international arbitration laws (most typically some version of the Model Law), by (in some instances) funding new arbitration facilities or judicial training, and by removing…
Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 2 of 2)
Professor Stacie Strong has noted on this blog that “[c]ritics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom…suggests that international…