…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…a foreign-seated arbitration are not enforceable in mainland China either. Given this regime, a party entering into an arbitration agreement with a potential need for interim relief in mainland China…
…arbitration. Save for a few Commonwealth jurisdictions, international commercial arbitration is not fully developed. In most jurisdictions, the arbitration legislation is outdated and contains obsolete provisions that are wholly unsuitable…
…in recognition of the diversity of witness conference procedures, the provisions adopt non-mandatory language throughout. The Guidelines apply both to factual and expert evidence. However, the drafters recognize that “[i]n…
…day, with the IA-CEPA containing numerous provisions concerning the procedures that will apply in future ISDS proceedings under that treaty. Following the conclusion of IA-CEPA negotiations in 2018, Australia’s Labor…
…settlements? The VIAC Rules 2018 have three parts: Rules of Arbitration (part I), Rules of Mediation (part II) and Annexes (part III); this means that arbitration and mediation now are…
…of corruption allegations in international investment arbitration following the Metal-Tech and Spentex awards. In the aftermath of those awards, the field of investment arbitration has had to grapple with a…
…to raise – in due time during the arbitration – objections as to the validity of the arbitration agreement in article 9 of the Belgium-Luxemburg Economic Union (BLEU)-Poland BIT, which…
The OECD Secretariat launched, in 2018, a “FDI qualities project”. Its objective is to provide governments with a tool kit to attract investment that contributes as much as possible to…
…highly respected and experienced international arbitration hand based in Seoul, as the Chairman of the organization. In addition, an International Arbitration Committee comprised of many well-known figures in the field…
…(the Austrian Yearbook of International Arbitration), ICC Austria, YAAP (Young Austrian Arbitration Practitioners), and UNCITRAL. Anna Joubin-Bret, UNCITRAL’s Secretary, provided an overview of UNCITRAL’s work streams, including its work on…
…line with the objective of arbitration i.e. to ensure expedient and efficient resolution. The tribunal secretaries increase the efficiency of the arbitration proceeding by supplementing the arbitrators during the arbitral…
…cover non-judicial and quasi-judicial legal proceedings such as arbitration. Implications of exempting arbitration under the Draft Bill If arbitration is indeed exempt under Clause 44, most obligations under the proposed…
On 27 March 2017, the Secretary-General of the Permanent Court of Arbitration (“PCA“) designated an appointing authority in an OIC arbitration by applying the UNCITRAL Arbitration Rules, despite the absence…
…England and its impact on the money market. The outline of the legal conundrum is notorious, but it bears recapping briefly to bring the issue into relief. Micula et al1)More…
…PAULSSON, International Arbitration Is Not Arbitration, (2008) 2 Stockholm International Arbitration Review 18. Five years after Jan Paulsson’s lecture, I wrote an article arguing, among other things, that the task…
…2012). According to the facts of the case, the parties concluded a fuel transportation agreement, which contained a multi-tiered arbitration clause that provided for conciliation and then arbitration before the…
…in e-arbitration In e-arbitration, the arbitration agreement is concluded, and the arbitral process is conducted, online. In this regard, some commentators observe that the form requirement in e-commerce contracts, including…
…to arbitral tribunals. Luis BRAVO ABOLAFIA, Implied Choice of the Law Applicable to the Arbitration Agreement: The Effect on Non-Signatories in International Arbitration The law applicable to the arbitration agreement…
…decision, the Supreme Court reminded the lower courts to apply the Philippine arbitration laws accordingly and highlighted how arbitration contributes to judicial reforms. It stated: “[a]rbitration, as a mode of…
…of the arbitration agreement is in doubt – for example, could a party argue that it was not a signatory to the arbitration agreement or that the arbitration agreement was…
…We hope you find these useful. In “Singapore Convention Series – Harmonization of China’s legal system with the Convention: suggestions for the implementation of the convention in China”, in the…
…mediation in the new Singapore Mediation Convention. Shou Yu and Nadja use a hypothetical scenario to explain the concept of ‘seat’ in international arbitration law and practice and why such…
…as Law that the EU can give intra-EU prevalence to its own rules. The foundation of arbitration is the mutual consent. Is there mutual consent where in accordance with the…
