Small States and Climate Change
…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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Relevance of Other Rules of International Law in Investment Arbitration: The Case of Peteris Pildegovics and Sia North Star v. Norway
…other rules of international law, i.e., provisions contained in treaties other than the applicable investment agreement and/or rules of customary international law, for investor-State proceedings. In particular, it highlights whether…
Navigating Investor-State Dispute Settlement: Concerns from the Asia-Pacific Region
…Angela Abala (Singapore International Dispute Resolution Academy), Prof. Dr. Colin Ong KC (President, Arbitration Association Brunei Darussalam), Prof. Shin-Ichiro Abe (Chairman, Japan Institute for International Arbitration Research and Training), Mr….
Arbitration, Asia, China, Enforcement, Hong Kong, India, Japan, Singapore, Third party funding, UK, Vietnam
Europe Embraces a New Dawn of Arbitration in Asia
…how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2024 mark a significant step towards the modernisation of arbitration in China. Dr. Etgen provided some interesting statistics…
The Hulley Case: Decoding the Unprecedented Role of Issue Estoppel in Jurisdictional Disputes
…may arise, to arbitration, the State is not immune as respects proceedings in the courts of the United Kingdom which relate to the arbitration”. In this case, the jurisdictional challenge…
CAS arbitration, Court of Arbitration for Sport, EU Competition Law, EU Law, European Court of Justice, Sport arbitration
Sports Arbitration and EU Competition Law: No Escape to Switzerland!
…within the ISU rules for the review of decisions taken by the ISU under the said rules. The Vital Role of Sports Arbitration: Safeguarding a Level-Playing Field Arbitration provides…
Israel Adopts the International Commercial Arbitration Law: Will the Courts Play Along?
…existing arbitration legal regime governing international commercial arbitration. History of Arbitration Legislation in Israel Prior to the adoption of the ICA Law, the governing statutory framework for arbitration in…
Arbitration clause, Arbitration institution, China, Chinese Arbitration Law, Contract Interpretation, Hong Kong, Singapore
Contractual Interpretation in Hong Kong and Singapore: What Happens When Parties Name a Non-Existent Arbitration Centre?
…nominated; the rules to govern the arbitration proceedings (the arbitration rules of the International Chamber of Commerce (“ICC Rules”); the city wherein the arbitration proceedings would be conducted (Shanghai); and…
Glencore v. Bolivia: A Long-Awaited Award Finds Expropriation and FET Breaches by the State
…Bolivian law to be the applicable law. While it accepted that other provisions of international law could “shed light on the interpretation of the Treaty’s substantive provisions”, the Tribunal rejected…
The New English Arbitration Act: Power to Make an Award on a Summary Basis
…award that is ultimately non-enforceable. Institutional Rules: Parties will need to consider how the new power will interact with their chosen institutional rules. As discussed below, this will be particularly…
Tackling Corruption in the Arbitral Process: Reflections on Nigeria v Process and Industrial Developments Limited
…Where such provisions exist, the tribunal will be bound to apply them. Practical Considerations for Arbitration Users As well as shining a light on broader areas for reform, the…
The Contents of Journal of International Arbitration, Volume 41, Issue 1 (February 2024)
…the history of the arbitration exclusion, reflecting the CJEU’s growing mistrust towards arbitration. This has left a mark on the arbitration landscape within the European Union that has earned criticism…
Chilean Court Blocks Calling of Performance Bonds in Support of Potential ICSID Arbitration
…and ICSID Arbitration Rules. Article 26 of the ICSID Convention provides that “consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such…
The Contents of the ICCA Awards Series, Volume I (2023), Upload 2
…Series. The arbitrators dealt with a broad range of issues, including the application of the CISG and of the UNIDROIT Principles, principles of contractual interpretation, the extension of arbitration clauses…
The 2024 NAI Arbitration Rules: Better, Faster, Greener!
…Envisaged 2022 NAI Arbitration Rules, 9 November 2021). The rules on expedited arbitration apply when: (i) the arbitration agreement(s) providing for arbitration under the auspices of the NAI or in…
Tui v Griffiths: The Importance of Putting Your Case to Witnesses and Experts in Cross-Examination
…arbitral rules, a tribunal is vested with the authority to decide whether or not to apply any strict rules of evidence (see LCIA rules (Article 22.1(vi)), the ICC rules (Article…
Enforcing Interim Awards in Pakistan – Finality or Binding?
…New York Convention (“Convention”), including international precedents, and relevant Pakistani law on the recognition and enforcement of interim, foreign arbitral awards in Pakistan. The Convention The Convention does not…
Countdown To RIDW24: A Maturing Market: Dispute Resolution in Saudi Arabia
…means of dispute resolution among international parties. To foster a more efficient arbitration system in the Kingdom, the Saudi Center for Commercial Arbitration (“SCCA”) issued new Arbitration Rules (“Arbitration Rules”),…
Mota Engil v. Paraguay: Lessons in Contract Interpretation and Non-Compliance of Provisional Orders
…arbitration and contractual law. First, the parties’ behavior during the performance of a contract will be essential to decide a dispute regarding the interpretation of certain contractual provisions. Here, it…
Use of Interpreters in Arbitration: Lessons from the California Court of Appeals in FCM v. Grove Pham
…domestic arbitration, the field of international arbitration is no stranger to the use of interpreters, especially as English has increasingly become the lingua franca of both arbitration and international business….
Navigating Enforceability Challenges of the Patent Mediation and Arbitration Centre
…Arbitration Rules.’ Limitation: Even if the PMAC Procedural Rules included such a provision, this would not mean that the CJEU would recognize PMAC arbitral tribunals as ‘courts’ under Article 267…
2023 Year in Review: Key Developments in Europe (Investment Arbitration)
…to improve their arbitration offering and rise in popularity as arbitration jurisdictions. 2023 was no exception: several states in Europe, including some EU Member States, either passed new arbitration laws…
Countdown to RIDW2024: Acceleration of Construction Projects
…determination, adjudication, and arbitration. Acceleration can be achieved in a variety of ways: by changing the design or specification of permanent and/or temporary works, altering methods of working, re-sequencing work,…
ISDS and ESG: Friends or Foes?
…due to states’ inability to reach such agreements. Lastly, states can incorporate explicit provisions restricting investors from initiating arbitration claims if they have violated ESG principles. For instance, the IBA…