ICC Moves Offshore: Clash of the Titans?
…of Arbitration. This, no doubt, marks a smart strategic move for the ICC that in free zone arbitration had lost ground to the London Court of International Arbitration (LCIA), its…
…of Arbitration. This, no doubt, marks a smart strategic move for the ICC that in free zone arbitration had lost ground to the London Court of International Arbitration (LCIA), its…
…arbitration agreement is non-existent or unenforceable. An arbitration clause shall be unenforceable if it aims to circumvent the applicability of mandatory procedural or material law provisions to the governed contract….
As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The…
…use protection granted in intra-EU BITs, including investment arbitration as a dispute settlement mechanism, mainly due to the high costs of arbitration. The Ministry of Development presented similar data according…
…bodies and appeals from decisions regarding the breach of anti-doping rules should be resolved through arbitration (Law 74/2013 of 6 September 2013). Portuguese Courts have shown to be “pro-arbitration”, and…
…overview of the legal system governing the AIFC in particular the creation and development of the AIFC Court and the AIFC International Arbitration Centre (International Arbitration Centre). FEATURES OF THE…
…relationship and choice between rights and cultural values; the tension when legal rights point in one direction and cultural norms in the opposite. In Knowing Our Neighbours – A Mediator’s…
…based on the most modern arbitration provisions recognised worldwide. In addition, Lithuanian courts have proven that they are willing to protect arbitration agreements and arbitration itself. Nevertheless, the application of…
…a NAFTA or BIT ISDS arbitration. To the contrary, US investors in Canada, Mexico, and beyond win their fair share of investment arbitration cases. Why would the US Trade Representative…
…the proceedings and evidentiary matters, most arbitration rules and laws are entirely silent on the tribunals’ power to draw adverse inferences (see however s. 41(7)(b) English Arbitration Act 1996). The…
…each of TransAtlantic’s arguments. The court declined to apply a de novo standard of review, first noting that at least two Southern District of New York decisions have treated American…
…insurance and investment arbitration: the interplay Many attendees of the lecture questioned the precise interplay between investment arbitration and political risk insurance. Traditionally, the investment community views recourse to investment…
…of the change to the new regime” (paragraph 393). To the extent that this harsh general view of the new regulatory regime is shared by future arbitral panels, they may…
…on the assets and costs of a hypothetical efficient plant. The result: a deluge of arbitration claims filed by foreign investors against Spain. Analogous, although not identical, measures have been…
…Law, serious concerns were expressed with respect to the recommended provisions on termination for compelling reasons. Several other voices within the UNIDROIT Governing Council joined to oppose these provisions, and…
…legal services in an international commercial arbitration within California must be a member in good standing of a recognized legal profession in his/her home country and must be subject to…
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award….
…issue is also expressly dealt with in some arbitral procedural rules. For example, both the Institution of Civil Engineers Arbitration Procedure (rule 5.2) and the Construction Industry Model Arbitration Rules…
…arbitration by the KCAB, but did not specify which set of the KCAB’s rules would apply. The KCAB has two sets of arbitration rules: domestic and international. One of the…
…early stage. This is because if your company is filing an arbitration for recovery of outstanding sums and the matter is relatively complex it may be fitting to have a…
The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018. The…
…speaker on international arbitration and the development of legal services on a global level. Michael Lazarus is the Director of the U.S Center of the Stockholm Environment Institute and has…
…involved less than a dozen legal practitioners, was organised by Frederico Singarajah, and was chaired by Peter Goldsmith QC. Aptly, it focused on third party funding in the arbitration sector….
…longer apply to arbitration, mediation or proceedings before the court connected to the arbitration. In its response to the consultation, The Hong Kong Bar Association (HKBA) commented: ‘Hong Kong can…