A Note to in House Lawyers: When Do You Appoint a Law Firm for an Arbitration?
…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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Hungary: Are Interim Measures Hard to Enforce?
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…
Stockholm Treaty Lab: Combating Climate Change through Legal Crowdsourcing
…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…
Whose Line of Credit is it Anyway? Third Party Funding Issues in Arbitration
…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….
Hong Kong Approves Third Party Funding for Arbitration
…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…
Interim Relief through Emergency Arbitration: An Upcoming Goal or Still an Illusion?
…interim measures” (Article 26). Article 25 of the Arbitration Rules of the London Court of International Arbitration (LCIA) provides that the arbitral tribunal is empowered to order appropriate interim measures….
Caribbean Islands in the Mood for Arbitration
…initiatives in the Caribbean islands has marked the last decade. To start with, arbitration benefits from great promotion in the region. Lately, new arbitration institutions have been created in the…
What is Brazil Bringing to the Table? Dispute Prevention and Resolution under the Brazilian Agreements on Cooperation and Facilitation of Investments (ACFI)
…uncomfortable with the States having the power to decide which disputes are worth taking to arbitration and interfering in the conduct of the case. However, the ACFIs have the advantage…
Arbitrability, Arbitration clause, Consent, Domestic arbitration, Domestic Courts, Domestic law, Enforcement of an arbitration clause, Federal Arbitration Act (FAA), United States
What You Should Know About Nevada’s Specific Authorization Rule for Arbitration Agreements
…while courts “may invalidate an arbitration agreement based on ‘generally applicable contract defenses,’” they may not do so based on “legal rules that ‘apply only to arbitration or that derive…
Wolters Kluwer Partners with Arbitrator Intelligence – A Personal Story
…a crucial decision in the process of arbitration. Parties to arbitration now rely on informal and anecdotal information, which in this age of open access to information is quite unheard…
Kluwer Mediation Blog: June digest
From the mediation of sports disputes to a recent mediation law in Brazil and onto lessons learnt from teaching mediation and negotiation courses in universities in Germany and New Zealand,…
The Case for Public Regulation of Professional Ethics for Counsel in International Arbitration
…2013 IBA Guidelines, and the Guidelines for Party Representatives annexed to the 2014 LCIA Arbitration Rules. Less addressed are questions of who should regulate professional ethics in international proceedings and…
Arbitration, Brexit, European Law, European Union, Investment, Investment agreements, Investment Arbitration, Investment protection, UK
Can Foreign Investors Sue the UK for Brexit?
…for the Department of International Trade stated that “The government does not believe that the UK’s decision to leave the EU will provide grounds for valid legal claims under our…
ADR, Arbitration, Arbitration Awards, Arbitrator Intelligence, Arbitrators, Global Pound Conference, ICC
The Global Pound Conference Reaches Its Conclusion: User Focus Is Now Mainstream
Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”1)Pudd’nhead Wilson’s New Calendar, in Following the Equator (1897). The Merriam Webster dictionary…
The International Public Policy of the Portuguese State: A Matter of Value?
…G. Henriques, ‘I Will Not Go That Way: What The International Public Policy Of The Portuguese State Is Not’, in MEALEY’S International Arbitration Report Vol. 30, 2 February 2015) Although…
The Call to Remove Unilateral Appointments: Seven Years On
…legal systems/national courts” and “flexibility” (in decreasing order)). • Under the LCIA Rules, the default rule is that all arbitrators are selected and appointed by the LCIA Court, unless the…
Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward the International Trend?
…now provided with a sound legal framework, which will be the cornerstone for its future development. Despite certain drawbacks, it can be expected that the new legislation will bring mediation…
The Annulment of Interstate Arbitral Awards
…not seek the annulment of interstate arbitral awards. This practice is in line with the legal framework governing interstate arbitration. One might wonder why there is no compulsory control mechanism…
Seven Trends and Seven Tips for Enforcing GAFTA and FOSFA Awards in Ukraine
…force, i.e. that it is valid and final. In terms of such evidence, the extract from GAFTA/FOSFA arbitration rules or a letter from an arbitration institution that this particular award…
Urgency, Irreparable Harm and Proportionality: Seven Years of SCC Emergency Proceedings
SCC was one of the first institutions to provide for emergency arbitrator proceedings in its rules. In 2010, the new Appendix II was added to the SCC Arbitration Rules and…
Wolters Kluwer Announces Collaboration with Arbitrator Intelligence
…to legal professionals in arbitration.” The Wolters Kluwer International unit recently launched the next generation of Kluwer Arbitration, the world’ leading research solution for international arbitration. With more than 500…
Hong Kong Court of First Instance Rejects Crown Immunity Claim by PRC State-Owned Enterprise
…and there is no special legal person status or legal interests superior to other enterprises”. The Letter further asserted that, save in certain “extremely extraordinary circumstances where the conduct was…
Changes in the Arbitration Law: Greater Certainty for Consumers Comes with Greater Control over Arbitration in Bulgaria
…respond to frequent abuse by debt collection corporations, monopolistic companies, public service providers that, among others, take advantage of arbitration proceedings by including arbitration clauses not subject to negotiation in…
Qatari Court of Cassation Thickens the Fog on the Heels of the New Qatari Arbitration Law
…competence-competence and separability as set forth in the new Qatari Arbitration Law. What the judgment does tell us, however, is that the new Qatari Arbitration Law has not cleared up…