…an arbitration agreement (seated in a Convention State) approaches an Indian court seeking a referral to arbitration. Section 45 of the Act deals with these referral requests making a reference…
…been constituted. Right of Appeal on Points of Law Singapore has a dual regime for arbitration, such that different statutes apply to domestic arbitration and international arbitration. Awards in…
…Clara Reichenbach addressed the issue of counterclaims in investment arbitration. She noted that critics of investment arbitration often emphasise the asymmetrical nature of investment agreements. In origin, investment agreements were…
…its analysis, confirming that there are no legal provisions under Bulgarian law that impose any restrictions or require the assignment of an arbitration agreement to follow specific rules that are…
…has prohibited the provision of legal advisory services to the Russian government and any legal entities formed in the country. Hence, Russian disputing parties may be unable to retain legal…
…by misrepresenting its intention to comply with the 30% subcontracting limit mandated by Article 87 of the Public Procurement Law and subsequently breached this limit. According to this legal prohibition,…
…International Court of Arbitration (“ICC“) and the London Court of International Arbitration (“LCIA“), further bolster South Africa’s attractiveness as an arbitration seat. An analysis comparing the years before and after…
…strategic enhancements made to its legal framework and arbitration rules reflect a commitment to excellence and adaptability, ensuring that AFSA remains at the forefront of arbitration services, not just in…
…and at the unilateral, bilateral and regional levels. The event featured David Bigge (Chief of Investment Arbitration, U.S. Department of State), Margie-Lys Jaime (Legal Adviser, Office of Investment Arbitration, Ministry…
…all the mandatory rules or regulations of domestic law. Conclusion The Decision confirms the “pro-arbitration” trend of our Supreme Court, that provides preeminence, in our domestic legal system, of…
On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São…
…to the arbitration” under section 9(1) [of the SIA]” Background: Border Timbers The case in Border Timbers arose out of an arbitration award dated 28 July 2015 made pursuant to…
…light on its nuances, which should be known by arbitration practitioners. Perjury in International Arbitration: Different Standards in Different Jurisdictions The definition of perjury is usually straightforward. For example, in…
…entities to have recourse to arbitration. The Endless Ordeal of the LCIA Award It all began in the 1980s with the construction of an airport in Angoulême (a small…
…92). Only two tribunals granted simple interest. In Gardabani v. Georgia, the investor initiated a contract-based SCC arbitration and a treaty-based ICSID arbitration. Both cases were heard by an equally…
…Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001)). Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and…
…another chapter in this crisis. She noted that tribunals generally possess the authority and in fact have an obligation to apply and take into account relevant rules of international human…
…positive development has reinforced the already-existing perception of Spain as a pro-arbitration jurisdiction. Certainly, it has reassured arbitration users that the public policy grounds for annulment of an award before…
On the second day of the 2024 Paris Arbitration Week (“PAW”), Addleshaw Goddard hosted another roundtable event titled “Evolving Perspectives on the Right to Regulate: Shaping Investment Treaty Arbitration.” The…
This year’s ITA-IEL-ICC Joint Conference on International Energy Arbitration (the “Conference”), co-organised by the Institute for Transnational Arbitration was a whistle-stop tour of the new frontiers facing arbitration practitioners focused…
…the arbitration clause. Accordingly, the claim against the guarantor before the courts was dismissed based on the existence of the arbitration agreement, and the dispute referred to arbitration pursuant to…
…on “ADR and arbitration” (some of which is referred to in the task force’s Report on “Facilitating Settlement in International Arbitration”), business users want – amongst other things – more…
As part of the 2024 Paris Arbitration Week, Clyde & Co hosted a panel on “Sanctions and Arbitration: Lessons Learned and Possible Strategies.” The discussions addressed the impact of economic…
…the Netherlands Arbitration Institute (“NAI”) Young Arbitration Practitioners, the Paris Very Young Arbitration Practitioners (“PVYAP”), the Young Austrian Arbitration Practitioners (“YAAP”), the Young Canadian Arbitration Practitioners (“YCAP”), the Young Istanbul…
