…rule on these issues comes from – normally this power comes directly from the applicable lex arbitri, arbitration rules or the arbitration agreement. Put differently, the arbitrators have clear statutory…
The eighth edition of the Paris Arbitration Week (“PAW”) started this Monday with Addleshaw Goddard hosting a roundtable event on “The Evolution of Arbitration in the Central Eastern Europe and…
…annulled at their seat, describing the arbitration autonomy as “the DNA of French arbitration.” Fabienne Schaller mentioned that, although a seemingly theoretic question, arbitration autonomy raises numerous complex legal questions…
… Having Friends in the Arbitration World is Incompatible with the Arbitration Practice The real disagreement lies in the distinction between true friendship and friendly relationships forged through arbitration practice….
…invalidity or unenforceability of the arbitration clause and found that parties to an arbitration agreement are responsible for their ability to cover arbitration costs. Interestingly, the Court of Appeals noted…
…first drew a parallel with Lalive’s famous proverb that “arbitration is only as good as your arbitrators”, arguing that arbitration is only as good as your ability to enforce the…
…LCIA), Jurriaan Kien (SBM Offshore), Mimi Lee (Chevron), Olga Mouraviova (Senior Arbitration Counsel, Engie), Kevin Nash (Registrar, SIAC), Stéphanie Smatt-Pinelli (Orano) and Madeleine Thörn (Deputy Secretary General, SCC). Lively exchanges…
On 19 March 2024, as part of the 8th edition of Paris Arbitration Week, the Comité Français de l’Arbitrage (CFA) organized a much-awaited and well-attended event on Arbitration, Sports Law…
…seat of the arbitration from Qatar to Tunisia and opted for an ad hoc arbitration to limit the jurisdiction of the Qatar International Centre for Conciliation and Arbitration (QICCA). However,…
Kicking off the 2024 Paris Arbitration Week (PAW), Jones Day hosted a thought-provoking event exploring the nuanced “Interaction between the Merits of the Case and Ratione Temporis Issues” in Investor-State…
…basis that MBA’s rights had been transferred to it by operation of the Japanese insurance statute. The Arbitration The arbitration was heard by a panel of eminent English lawyers,…
…stablecoins), e-money tokens, and utility tokens. Notably, MiCA does not apply to financial instruments or non-fungible tokens (“NFTs”) but may apply to fractional parts of NFTs. Determining the legal status…
On 18 March 2024, the international arbitration community gathered in Paris to kick off the 8th edition of Paris Arbitration Week (“PAW”). Kluwer Arbitration Blog is again this year the…
…References ↑1 Assignment of an Arbitration Agreement, Thomson Reuters: Legal Archives (Aug. 2002) ↑2 Anita Garnuszek, The Law Applicable to the Contractual Assignment of an Arbitration Agreement, 82 Arbitration: The…
…Court of Justice (“FCJ”) rejected India’s appeal, which was based on a new argument that the arbitration agreement in the Germany-India BIT violated the Court of Justice of the European…
On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing international arbitration and a…
On 19 October 2023, the ICC Young Arbitration & ADR Forum (YAAF) hosted a workshop titled “Navigating the Frontiers of Artificial Intelligence in Arbitration” in Zurich. The evolution of Artificial…
…not provide for state-investor arbitration, but only for arbitration between states: By agreeing to international arbitration in disputes arising between Ecuador and private parties, the Constitutional Court determined in the…
…explained that this case demonstrated to the world that arbitration could be used as a rules-based alternative to war. However, in the 19th century, arbitration moved away from the goal…
…law of the arbitration agreement may be applied. An arbitral tribunal may also apply the governing law of the arbitration agreement because the determination may involve an analysis of whether…
…Rules apply by default. This new provision ensures clarity, thereby preventing confusion as to which rules should apply. Only in the context of ad hoc arbitrations do the Rules allow…
…is understood from the Libya legal circle that subject to meeting specified conditions, the new law should apply to new arbitration proceedings initiated after its enactment. The new arbitration law…
Recent amendments to Federal Law No. 6 on 2018 on Arbitration, the UAE Federal Arbitration Law (“FAL”), introduced by Federal Decree Law No. 15 of 2023 (Amending Certain Provisions of…
…have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international…
