…Determine that an Arbitration Agreement Exists. First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining…
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated…
…Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 ↑3 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.26 ↑4 See Fouchard Gaillard Goldman on International…
…Law provided, in article 13, that the joinder of a new party to arbitration is possible if parties to arbitration and the new party agree. Therefore, Joinder of third party…
…such as those outlined in the new ICSID Arbitration Rules 2022, he suggested alternative solutions to the abolition of double-hatting. These proposals included expressly addressing the issue of double-hatting in…
…court, any common rules in a BIT on ISDS by international arbitration would cease to apply. This reflects the EU’s position towards investor-State arbitration. This has been the subject of…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following two additional positions with Kluwer Arbitration Blog: (1) Assistant Editor for Europe and (2) Assistant Editor for…
…underlying the Indian Arbitration and Conciliation Act 1996 (“Arbitration Act”). The 7J Judgment is perhaps the most significant judgment on the Arbitration Act after its landmark decision in BALCO Aluminium…
…day. Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g., the IBA Rules (2020) and the CIArb Protocol (2007), make clear that…
…Sudan took the position that it had not signed the relevant license agreements and the arbitration agreement, and therefore the arbitration agreement did not apply to it and the sole…
…arbitration proceedings. Its Swiss legal representatives engaged for the appeal proceedings had discovered close ties between M. and B.’s legal representative’s law firm in that M.’s law firm (with offices…
…and the Saudi Center for Commercial Arbitration Rules 2023 (“SCCA Rules”). Clarifying the Application of the arbitrateAD Rules The arbitrateAD Rules apply to any arbitration commenced on or after…
On 29 November 2023, Professor Kiran N. Gore (The George Washington University Law School) moderated the “signature panel” of the Fourth Washington Arbitration Week (“WAW”), which focused on the interplay…
…at the domestic legal level, thus avoiding broader discussions around internationalizing binding anti-corruption measures. Moreover, provisions regarding, for example, non-lowering of standards and the right to regulate, continue to lack…
…There were dozens of high-profile data breaches in 2023, and the legal consequences are becoming more severe. Companies face the cost of redressing the breach, reputational harm, potential declines in…
…from the estate will take time, these judgments at least bring certainty to creditors who have been chasing their debts for some 14 years. New legal frameworks require time for…
…not classified as international arbitration; (iii) local arbitration, defined as arbitration seated in Azerbaijan; and (iv) foreign arbitration, defined as arbitration seated abroad. For example, an arbitration case with international…
…EU Member States from offering arbitration to an intra-EU investor. He pointed out that many of the EU Member States made arbitration offers before becoming EU Member States. Against this…
…Germany and Spain against implementing some of the new rules, the SAFF has deemed it fit to release, on 12 January 2024, its new Football Agents Regulations, which is expected…
…to uphold the parties’ agreement to arbitration, these recent decisions highlight the importance for parties to carefully review and comprehend all relevant contractual provisions before entering into arbitration agreements. References[+]…
…with The Hon Wayne Martin AC KC and outline of the draft 7th Edition of the SIAC Arbitration Rules. My address will begin by charting how international arbitration…
…practices to guide parties in driving cost-effectiveness in international arbitration. Before the Arbitration Carefully drafting your arbitration clause is crucial in order to minimise the risk of jurisdictional disputes….
…Protocol notes that state parties “may” consider the rules under the Protocol when negotiating inter-Africa investment agreements (Art. 49 (4)). According to the African Arbitration Academy Model BIT, which was…
…new regional arbitration centres, the relaunching of other centres and a proliferation of new rules and best practice, alongside the growth in the legal sector. Any observer of the region…
