Italy’s leading arbitral institution, the Milan Chamber of Arbitration (“CAM”), issued its new rules (“CAM Rules”) on 1 March 2019. The new rules, superseding the previous CAM Rules of 2010…
…the South African government “may consent to international arbitration” but “[s]uch arbitration will be conducted between [South Africa] and the home state of the applicable investor”. ISDS remains a viable…
…Yugoslavia. ↑4 See G. Carducci, 2012. “The Arbitration Reform in France: Domestic and International Arbitration Law”. Arbitration International, 28(1), pp.125-158. ↑5 G. Born, 2014. International Commercial Arbitration. Kluwer Law International:…
…In the context of international commercial arbitration, the issue nevertheless has been whether a private arbitral tribunal or the parties to such an arbitration have standing to make a §…
…law to apply and both sides had New York lawyers representing them. The differences in legal understanding and approach between my civil law trained co-arbitrators and me unnecessarily prolonged the…
…such as the Cairo Regional Centre for International Commercial Arbitration, the Mauritius International Arbitration Centre and the Kigali International Arbitration Center, many in Africa believe that the continued exclusion of…
…to regulate the “arbitration agreement”. This legislative milestone has been mostly welcomed by the arbitral community, although some of its provisions have been subject to criticism. Article 1651 of the…
…arbitration agreement by way of agency or conduct, but have not signed it, would be able to evade arbitration. By the same token, a signatory to an arbitration agreement, such…
…new facts ought to lead to the creation or development of a new legal category, or fall under a new exemption to a rule already created by the English courts….
…action and announced that they had entered into an Interim Appeal Arbitration Arrangement (the “Agreement”). In so doing, both countries reaffirmed their commitment to a rules-based international system supported by…
…for arbitration in Shanghai, which will be conducted in accordance with its Arbitration Rules […]”. The defendants commenced arbitration against the plaintiff pursuant to Article 14.2 and in accordance with…
…should they dispute disciplinary measures instituted against them. But its Provisional Arbitration Rules say: (i) arbitration proceedings are only to be conducted by a sole arbitrator; (ii) the Director-General shall…
…Arbitration and Conciliation Act 1996 (“Arbitration Act”), the award shall be deemed to be a decree of that court.3)Arbitration and Conciliation Act 1996, s 49. Similarly, domestic awards are executable…
…public administration could engage in arbitration. Ever since, Brazilian states have enacted rules concerning the drafting of arbitration agreements by the public administration, its representation during the procedure, the appointment…
…‘off the shelf’ when initiating an arbitration procedure. This formulation of procedural rules combines the need for party autonomy of WTO Members engaged in an arbitration procedure with the need…
…arbitration community an interesting development pertaining to arbitration of antitrust disputes. We normally think of the nexus between arbitration and antitrust in the context of a private arbitration that includes…
…in the arbitration agreement violated Article 17 of the Arbitration Law, including 17(1): “matters outside the legally mandated scope of arbitration”. The matters identified include: registered capital increase and subscription…
…to use international arbitration in human rights-related disputes through the creation of a new set of Arbitration Rules (the “Hague Rules“), adaptable to the peculiarities of disputes concerning human rights…
…concerning this issue.2)See e.g. Section 48 of the Swedish Arbitration Act and Article 16.4 of the LCIA Rules. In Portugal, Law 63/2011 established the new legal framework for voluntary arbitration…
…interpretation of the 1958 New York Convention. 2011. International Council for Commercial Arbitration. 75. Hungarian courts did not grant the recognition where the arbitration agreement was missing, or in cases…
…in the field of International Arbitration? Recognize that the world of international arbitration is much bigger on the inside. Arbitration is a form of dispute resolution with its own unique…
…in arbitration.6)Jeffrey Waincymer, Procedure and Evidence in International Arbitration at page 917, fn 99 (“The rule [in Browne v Dunn] itself does not apply in arbitration…”). In addition, the rules…
…GDPR Perspective? In order to precisely identify the roles and the related responsibilities of the key players in arbitration, one must carefully apply the GDPR rules to the underlying legal…
…Council stated its goal to align with international dispute resolution rules, improve the arbitration rules of the Shanghai FTZ, and strengthen the internationalisation of commercial arbitration in mainland China. With…
