Recent Developments in the PRC: A Change in Tide for Arbitration?
…also provide comfort to a party compelled to litigate in a foreign court, perhaps due to a pathological arbitration clause or no arbitration clause at all, that a favorable judgment…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Recognition of Summary Procedures under the ICC Rules: Considerations, Comparisons and Concerns
…with provisions on summary dismissal, with the SCC following suit on 01 January 2017, followed by the SIAC once again − in its Investment Arbitration Rules. Thus, the express recognition…
Old Issues, New Horizons: Third-Party Funding in Morocco
…in international commerce. The Kingdom of Morocco is a good example in which multinational companies regularly insert arbitration provisions in their transaction documents when dealing with small to mid-size companies,…
NAFTA Negotiations: Are U.S. Energy Companies Being Left to Their Fate?
…1120 prohibit expropriation without compensation, and grant such companies access to international arbitration tribunals, respectively. These provisions trump the Hydrocarbons law because, under both Mexican law and the Vienna Convention,…
Consolidation Of Arbitrations – Where Is India Headed?
…when A has a claim jointly against B and C, and when there are provisions for arbitration in respect of both B and C, there can be a single arbitration….
Reminder: The 2018 Queen Mary and White & Case International Arbitration Survey
…respondents have completed the online questionnaire and a significant number of arbitration users have been interviewed. On behalf of the QMUL School of International Arbitration and our partner in this…
Anti-arbitration, Anti-ISDS Propaganda, Canada, China, Financial Industry, Investor-State arbitration, ISDS, Mexico, NAFTA, Negotiation, Pro arbitration, United States, USMCA
ISDS in NAFTA – and ISDS alternatives
…less risky and cheaper for U.S. firms to relocate offshore by guaranteeing privileged treatment for firms in Mexico and Canada and by providing for the enforcement of these new rights…
A Model for Business and Human Rights through International Arbitration under the Bangladesh Accord: The 2017 Decision on Admissibility Objection in Industrial Global Union and Uni Global Union
…composed of three representatives from trade union signatories, three representatives from company signatories, and a representative chosen by the International Labour Organization as “a neutral chair and independent advisory member”…
What Have We Learned from the Global Pound Conferences?
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of…
Arbitration of Labor Disputes in India: Towards a Public Policy Theory of Arbitrability.
In India, the Arbitration and Conciliation Act, 1996 does not address the question of which categories of disputes are capable of resolution by arbitration, and those that are not. Instead,…
How do You Tax the Costs of International Arbitration Proceedings?
…(the “Registrar”) in taxing the costs of the arbitration is not stated in the IAA, but is left to the Rules of Court (the “Rules”). Although the position is not…
Come in, Let’s Arbitrate: The Rise and Rise of Arbitration in Nigeria
…Increase in the number of qualified practitioners: Although arbitration is not specific to legal practice, its practice in Nigeria is dominated by the legal profession. With legal practice being so…
Arbitration, Arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest
The Role of the IBA Guidelines on Conflicts of Interest in Arbitrator Challenges
…of a challenged arbitrator. Recent surveys indicate that the Guidelines generally are held in high regard by the members of the arbitration community. A Kluwer Arbitration Blog survey on soft…
Achmea, European Commission, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investor-State arbitration
The House Always Wins Remarks on AG Wathelet’s Opinion in the C-284/16 Achmea Case
…these treaties, are against the EU law. This ‘legalization’ of intra-EU investment arbitration is a pragmatic necessity, and a logical requirement for the proposed deal. Legal purity of reasoning in…
M&A Arbitration: Pre-Closing Disputes and Letter of Intent
…enforceability of the arbitration clause will depend on its validity as analyzed under the applicable rules. According to the 1958 New York Convention, the validity of the agreement will be…
Revisiting the Chagos Decision: Search for a Rationale
…treated like international commercial arbitration/investor-State arbitration, and State-to-State permanent tribunals respectively. The Tribunal’s only reason was that inter-State arbitration in the instant case was an alternative to the ICJ and…
Arbitration, Energy, Energy Charter Treaty, Intra-EU BITs, Investment Arbitration, Investment protection
A New, BLEU-based Objection to Intra-EU Energy Charter Treaty Claims
…new Convention confirmed and strengthened the preferential relations between Belgium and Luxembourg within the legal framework of the BLEU2)SOMERS Eduard, Belgium-Luxembourg Economic Union, Max-Planck. This preferential relation is acknowledged by…
Access to Justice: Rebalancing the Third-Party Funding Equilibrium in Investment Treaty Arbitration
…“Litigation Funding in International Arbitration”, in Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law Library, Volume 35 (Kluwer Law International; 2016) p….
A Possible Objection, Not Yet Raised, to Intra-EU ECT Claims before the ICSID: Terra Raf Trans Traiding Ltd. v. Kazakhstan Versus Eiser v. Spain
…Reinisch August, The Role of Precedent in ICSID Arbitration, Austrian Arbitration Yearbook 495-510 (2008). Although the Terra Raf Trans Traiding case is not an ICSID case (since it was administered…
Arbitration, Arbitration Proceedings, Enforcement, Human Rights, International arbitration, International Courts
International Arbitration of Business and Human Rights: A Step Forward
…will be offered to the Permanent Court of Arbitration and other international arbitration institutions. The new rules could also be used in arbitration proceedings that the parties manage themselves on…
Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws
…states’ legislation on arbitration. Apart from certain controversial proposals regarding the increased regulation of arbitration, the new legislation is a significant step forward in the development of a more arbitration-friendly…
Independence and Impartiality of Arbitrators: Are We There Yet?
…Ministry of Railway, New Delhi V. Patel Engineering Co. Ltd.5)(2008) 10 SCC 240 and the provisions of the pre-amendment act, the terms of the arbitration agreement ought to be adhered…
Kluwer Mediation Blog – October Digest
…On Negotiating in Interesting Times, Ian Macduff identifies the “natural experiment” afforded by New Zealand’s new coalition government which, as Ian notes, will govern only though constant negotiation and collaboration….
The EU Sets the Standard for International Tax Dispute Resolution
…1 July 2019. Competent authorities of Member States may agree to apply the Directive to cases submitted earlier or to earlier tax years. The directive supplements the EU Arbitration Convention…