…with judicial and inherent powers. It has been argued that such powers include the right to grant injunctions. For example, section 13 (1) of the Federal High Court Act 2004…
…is possible to argue that such clauses should be uniformly enforceable across India, it is prudent for financial institutions to avoid the use of such clauses in India for now….
…use of strategic requests for interim measures wherein one party requests such measures for the purpose of planting the seed of an idea to help shape the arbitrator’s thinking for…
And so the twenty-second biennial Congress of the International Council for Commercial Arbitration officially comes to an end. But what progress have we made with respect to the challenges facing…
…listing other negative consequences which, in this judge’s view, this ruling entails for: the parties, which do not obtain satisfaction for their interests; the Administration of Justice, which is forced…
…of the International Court of Justice, judicial decisions are classified “as subsidiary means for the determination of rules of law”, but not for the interpretation of rules of law. Article…
…as the remit of “public policy of India” in enforcement of foreign arbitral awards (Shri Lal Mahal v Progetto Grano Spa (2013), reference to issues relating to fraud to arbitration…
…the Portuguese Tax Arbitration Regime establishes a maximum mandatory deadline of one year for the final decision to be issued (initial deadline of six month, extendable for an additional six),…
…decision had failed to disclose that his direct superior at the expert company had previously been working for more than 20 years for the other party and only recently started…
…arbitration was made available for all federal government procurment contracts under the Federal Law for Public Works and Services (Public Works Law) and the Federal Law for Acquisitions, Leases and…
…award under Article V(1)(e) of the New York Convention, absent a showing of serious impropriety by the seat court. For example, in the recent case of Thai-Lao, the Southern District…
…forward to another year of posts reflecting the “unique” and “fascinating” international arbitration community. The year 2019 was a generous year for international arbitration. Achmea has continued to generate most…
…survey that was being conducted by the University of Missouri School of Law has now been completed, and a preliminary report of the research findings is available for free download…
…addressed include: ICSID’s draft rules for investor-state mediation; the Global Pound Conference’s recently released Miami report; the path, and those who have shaped the path, of the Global Pound Conference;…
…Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter Treaty (ECT). Italy petitioned the…
…the scope of the patents in return for certain royalties. The agreement called for arbitration of all disputes before the International Chamber of Commerce, seated in Montreal, Canada. When it…
…autonomy. While it is not the panacea for the absence of an express choice of law related to the arbitration agreement, it grants the broader discretion required for the tribunal…
…arbitral tribunal’s jurisdiction. The Court recalled that the raison d’être for the introduction of the DAB in the FIDIC Conditions was to allow for an efficient resolution of disputes arising…
…provide for the appointment of presiding arbitrators by the institution. Under the DIS Rules, on the other hand, chairmen are appointed by the party-appointed arbitrators. This leaves little room for…
…set aside for non-compliance. One such example is the following common law rule of evidence first formulated in 1894 by the English Court of Appeal in Browne v Dunn :…
…around 17 fresh ITAs have been filed against India in last two years. Beleaguered with these claims, a new model BIT is being considered by the Indian government for future…
…for Sport and the Iran-US Claims Tribunal) and finally in the context of investor-state arbitrations. The legitimacy of arbitrator law-making in this final scenario (arbitrators determining investor-state arbitrations) is particularly…
…under the auspices of the Unified Agreement for the Investment of Arab Capital in the Arab States, which provides for the jurisdiction of the Arab Investment Court to decide on…
…Spain cases. The legal standard for access of the EC as a non-disputing party to investment arbitration has opened a broad debate. According to ICSID Arbitration Rule 37.2, the arbitral…
