Oil & Gas: Is Italy Doing It Wrong All Over Again?
…on jurisdiction, liability and quantum was held in Paris, bringing the case to its closure. Therefore, according to the ICSID Arbitration Rules 38 and 46, the tribunal will have to…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Abu Dhabi, Arbitral seat, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law
Abu Dhabi Global Market Courts Enhances its Attractiveness as an Arbitral Seat
The Abu Dhabi Global Market (“ADGM”) is an international financial free zone and an important emerging seat of arbitration in the GCC region. The ADGM’s arbitration law is based on…
Third Party Funding in Nigerian Seated Arbitrations: Setting the Law Straight
…the Legal Practitioners Act 6)Rule 50 of the Rules of Professional Conduct for Legal Practitioners, 2007 allows Nigerian Legal Practitioners to enter into contingency arrangement with clients provided that these…
Arbitration Awards, Enforcement, Finality, Middle East, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates
The Interpretation of the New York Convention by the UAE Courts: a Geneva Flavor?
…of International Arbitration (“LCIA”) in London, UK, (the “LCIA Award”) on the basis that it had not been granted exequatur by the English Court before being enforced in the UAE….
Arbitrability of IP Disputes in India – A Blanket Bar?
Arbitration of IP disputes has inherent advantages of saving time and costs and ensuring confidentiality while also maintaining long-term business relations (see here). In India, arbitration will be especially useful…
Section 1782 Discovery For Use In Private Arbitrations: The New York Saga Continues
…Fund, the SDNY declined to follow NBC by holding that an arbitration governed by the London Court of International Arbitration (“LCIA”) rules fall within the purview of Section 1782. The…
Revised ICC Note to Parties and Tribunals: Will Publication of Awards Become the New Normal?
…on the Conduct of the Arbitration under the ICC Rules of Arbitration (Note). The Note, which came into effect from 1 January 2019, introduces a number of significant updates to…
The European and Singapore International Commercial Courts: Several Movements, a Single Symphony
…joint file of documents and exhibits. Likewise, the NCC has aligned its dedicated rules of procedure with elements from international arbitration proceedings, such as the IBA Rules on the Taking…
Need for Overhaul of the Costs Regime in Indian Arbitration Law
…that costs follow the event. Statutory Provisions on Costs in Arbitration Section 31(8) of the 1996 Act as originally enacted dealt with costs in arbitration proceedings. Precedents that evolved…
The Path for Online Arbitration: A Perspective on Guangzhou Arbitration Commission’s Practice
…award by GZAC. ↑2 Article 14 does not specify online arbitration. It uses the general heading of “arbitration rules” but online arbitration rules fall within the scope of “arbitration rules”….
Approaches to Arbitration in Australia and Singapore
…resolved by arbitration as per Singapore Contract Rules. The clause did not specify the place of arbitration, mechanism for constituting the tribunal, or the applicable arbitration rules. Nonetheless, the court…
Arbitral Tribunal, IBA, IBA Rules of Evidence, International Arbitration Procedures, Prague Rules, Tribunal
A Comparison of the IBA and Prague Rules: Comparing Two of the Same
On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were released. (For related posts on the Prague Rules on Kluwer Arbitration Blog…
Reflections on Default Number of Arbitrators under Expedited Procedure Rules
…EP Rules though. In its Arbitration Rules 2016, SIAC made a detailed regulation on EP Rules by adding two new sub clauses [Rule 5.3 and Rule 5.4]. In particular, Rule…
Should Arbitral Institutions Have Diplomatic Immunity?
…search and seizure laws. The Permanent Court of Arbitration (PCA) has a treaty with the Netherlands concerning their headquarters. It provides that the PCA shall be immune from legal processes…
The Trajectory of International Arbitration in Latin America and Current Trends in ISDS
…that remain in force. For instance, the New Bolivian Arbitration Act, enacted in 2015, allows foreign investment only in certain public sectors and orders that all investment arbitrations be seated…
Arbitration in Colombia: A Recent Ruling Confirms the Country is an Arbitration Friendly Forum
…in Procedural Order No. 1, that all evidentiary matters would be governed by the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules“). The Court pointed…
Case management conference, ICC Rules, International arbitration, International Arbitration Procedures, New York Convention
Summaries and Issues in the ICC Terms of Reference: The Right Level of Case Management
What are Terms of Reference in the ICC Rules of Arbitration, and what are they for? Article 23(1) of the 2017 ICC Rules provides “As soon as it has received…
Res Judicata: An Analysis for the Sake of Public Policy
…award meet the conditions of recognition as per the place of arbitration’s law.4)Voser N. (Partner) and Raneda J., ‘Recent Developments on the Doctrine of Res Judicata in International Arbitration from…
Baseball Arbitration, Final Offer Arbitration, FOA, Issue-by-Issue, Model Arbitration Clause, Whole Package
A Model Clause for a New Kind of Final Offer Arbitration in International Commercial Arbitration: the “Final Draft Award” Arbitration
…finally settled by a Final Draft Award Arbitration (“FDAA”) under the Rules of Arbitration of the [institution] by an arbitral tribunal composed of 3 (three) arbitrators appointed in accordance with…
Achmea, CJEU, European Law, International Investment Arbitration, International Law, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS
Topical Issues in ISDS: Review of Recent Developments in the European Union
…VCLT provisions on modification may also apply. Interestingly, Italy one of the signatories of the political declaration has previously withdrawn from the ECT and yet has emitted a declaration on…
Arbitration in Kyrgyzstan: Evolution and Next Steps Ahead
…of arbitration courts shall be determined by law.” (non-official translation) Besides the legal norms laid down in the Constitution arbitration are regulated by the Law of the Kyrgyz Republic No….
Investment, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS, ISDS Reform
Investment Arbitration: A Case for Incremental, Iterative, Progressive, and Prioritized ISDS Reform
…arbitration rules provide for effective solutions for addressing issues of costs and duration of ISDS proceedings. It was stated that a prudent and proper approach to the ISDS reform should…
Arbitration, BIT, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Multilateral Investment Court
The Future of ISDS: Can’t See the Wood or the Trees
…institutions, international organisations, academia, civil society, arbitration users and legal practitioners presented diverse views on the need for reform of the system of investor-State dispute settlement (“ISDS”), the progress of…
Drrrrum-Roll Please….
…the Prototype is scheduled March 1 at Vienna Arbitration Days, with a special London Launch of the Prototype on March 4 at 6:00pm at WilmerHale. This post previews the Prototype,…