…proceedings relating to arbitration, in particular, the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure,…
…protection to state immunity from execution.1)G. Travaini, State 1 – Investor 0: Recent French Decisions regarding Sovereign Immunity from Execution, Kluwer Arbitration Blog (27 August 2013). A new turning point…
…or they may limit that right to one or several of the grounds for challenge listed in Article 190(2). A limited number of other national arbitration laws contain similar provisions,…
…related transactions, and the arbitration agreements are compatible (incompatible arbitration agreements may include, for example, those specifying different places or rules of arbitration). In contrast, certain other arbitration institutions that…
…process in the conduct of the arbitration. An experienced arbitral tribunal is unlikely to allow either ground to occur. Other significant advantages of arbitration include the ability of the parties…
…the Dubai International Arbitration Centre (DIAC) for procedural misconduct over the past couple of years. This being said, given in particular the high profile nature of the subject arbitration tribunals…
…IBA Rules on Taking of Evidence in International Commercial Arbitration expressly places expert conferencing on the menu, while providing some detail on what this entails: it states that the Tribunal,…
…procedure under the Singapore International Arbitration Centre’s arbitration rules being employed. Commentary The prima facie approach First, the SGCA’s endorsement of the “prima facie” standard of review is noteworthy, particularly…
…news for international businesses and financial institutions – potentially offering parties a faster route to enforcing contractual rights and providing greater legal and commercial certainty. Bocimar International N.V. (“Bocimar”) v…
…12 November 2015, in the context of its negotiations for the Transatlantic Trade and Investment Partnership (TTIP) and in a bid to address growing criticism of investment treaty arbitration, the…
…that time. The US has entered into several settlements at the IUSCT, which it does when it “believes they are justified on a legal and technical basis, and have no…
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
…interesting aspects of this interlocutory award is the Tribunal’s consideration of the interplay between the Tribunal’s procedural rules (modified UNCITRAL arbitration rules) and the CSD. The US argued that the…
…33 Journal of International Arbitration, Issue 1, pp. 37–82 Abstract In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute…
…effect of her career choices. She understands the working environment with which arbitration lawyers in private practice are familiar, albeit with a US slant. Slaughter’s arguments may be most strongly…
…treaty applies (e.g. the 1958 New York Convention, the Inter-American convention on international commercial arbitration -Panama, 1975-, the Inter-American Convention on the extraterritorial validity of foreign judgements and arbitral awards…
…in international arbitration. As a recent post has noted, there are currently no provisions in any national arbitration laws or arbitration rules addressing TPF in international arbitration. This is true…
…on 27 May 2016. The draft SIAC IA Rules are a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules (e.g. the ICSID Rules). As discussed below,…
…the EC. The arbitration community views this issue through the lens of public international law and addresses the conflict by resorting to the conflict rules of the Vienna Convention on…
…its own right, offering a viable alternative to seating an arbitration in the Dubai International Financial Centre (DIFC). To recap, choice of the ADGM as a seat of arbitration will…
…Indian arbitration is required. For one, there needs to be a change in the perspective with which arbitration is viewed. The pool of Indian legal practitioners who specialise in the…
…procedure was not conducted according to the Arbitration Law and the applicable rules of procedure. As explained, the Law provides that the arbitration proceeding should be suspended when two or…
…each other – provisions of the New York Convention (Article V 1 (e)), Panama Convention (Article V 1 (e)), and the Brazilian Arbitration Act (Art. 38 VI), according to which…
…sought by the parties. Instead, parties only seek to recognise an arbitral award. The provisions in the DIFC Arbitration Law parallel that of the New York Convention. […] 124. Accordingly,…
