…also the day on which the new 2018 HKIAC Administered Arbitration Rules (“2018 Rules“) came into force. The 2018 Rules showcased the latest thinking in arbitration and these amendments –…
…the embrace of new technology, and the development of a dynamic and vibrant community of international arbitration practitioners. Third, he noted that international arbitration has been able, relatively speaking, to…
…Innovation: Improving Institutional Rules as the Answer HKIAC’s Sarah Grimmer then took the floor and introduced the audience to the brand new HKIAC Administered Arbitration Rules, which will come into…
…Ms. Wang shared some innovations in the CIETAC Arbitration Rules (2012 edition) to promote efficiency. The CIETAC Arbitration Rules allow for expedited procedures and provide mechanisms such as joinder and…
…codify pro-state interpretations of debated questions in investment arbitration. Some of these provisions are familiar. For example, Article 14.1 requires an investment to satisfy the Salini criteria in order to…
…ILC rules on attribution do not apply outside the realm of State responsibility, which implies a complaint of a wrongful conduct. Instead, the attribution of lawful conduct is governed by…
…new Arbitration Act The recently enacted Arbitration Act has come to solve most of these difficulties for international commercial arbitration. The Arbitration Act’s scope is limited to international arbitration. According…
…legal system in which the law aims to reach a definitive solution to a conflict that is not incompatible with any other decisions and legal rules, the difference between binding…
…be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the ISA, unless the parties…
…relevant arbitral rules or legislation. Others will, perhaps deliberately, leave the appointment structure to those relevant rules and institutions or courts. Under the LCIA Rules (whereby parties nominate rather than…
…at the cost of ad hoc arbitration (“ad hoc”). This is an important arbitration policy deviation because until now the arbitration law has been IA agnostic. Being an important deviation,…
…The new Uniform Arbitration Act, the new Rules of Arbitration of the Common Court of Justice and Arbitration (Abidjan) and the new Uniform Mediation Act, adopted by the Council of…
…2019 survey considers the issue of cybersecurity in arbitration. Electronic documents and other information are introduced into international arbitration proceedings in vast quantities. Are participants in the arbitration process sufficiently…
Are litigation, arbitration and mediation competitive, collaborative or cooperative? Is litigation becoming an “alternative” to “alternative dispute resolution”, especially keeping arbitration on top of its game? Are mixed processes or…
…new provisions to add to the 2018 Administered Arbitration Rules (“2018 Rules”), which are intended to improve the procedural certainty and cost-efficiency of HKIAC arbitration. These provisions address primarily the…
…the arbitration agreement with those of the arbitration agreement itself, in order to avoid the unwanted situation where the contract was validly concluded whereas the arbitration agreement was not. However,…
…the new Uniform Act on Arbitration Law, the revised Arbitration Rules of the Common Court of Justice and Arbitration (CCJA) and a new Uniform Act on Mediation. These developments are…
…ICSID, LCIA, SCC, CRCICA and UNCITRAL arbitration rules. Further to her counsel work, she has acted as administrative secretary to arbitral tribunals, both in commercial and in investment arbitrations. She…
…“defined legal relationship” requirement, it is sufficient for FIFA to redraft its arbitration provisions so as to expressly identify the disputes that must be submitted to CAS arbitration in the…
…the Brazilian government. In an attempt to tackle this, a specific provision has been included in the PPAs to establish that the parties shall apply the non-preferential rules of origin…
Recently, CRC Press published Data-Driven Law: Data Analytics and the New Legal Services by Edward J. Walters. The volume’s contributed chapters cover a wide range of topics at various levels…
…new frontier of investment arbitration. In this post, we anticipate some of the ways investment arbitration can serve blockchain and crypto actors in light of the uniqueness of this digital…
…for the selection of the applicable law in arbitration. Far from being the useless, arbitration-hostile cage from which arbitration should seek to liberate itself, conflict of laws rules are a…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for North America, covering Canada and USA. The Assistant Editor…
