The Contents of Journal of International Arbitration, Volume 35, Issue 5
…Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Beyond USMCA: ISDS à la carte
…carte approach of Canada and Mexico Canada is an interesting example of the very flexible à la carte approach regarding ISDS provisions. When CETA was first finalized, Canada agreed to…
Swiss Federal Supreme Court Confirms the Principles for the Admissibility of a Success Fee
…to Swiss law and contained an arbitration clause in favour of Swiss Rules arbitration in Zurich. The Engagement Letter concerning the ICC arbitration against D GmbH provided for different remuneration…
CIETAC, Enforcement, New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
CIETAC Arbitration Award Enforced in the U.S. Despite Alleged Forgery in the Underlying Agreement
…Dismiss Pet. To Confirm Arbitration Award, ECF No. 23, Jan. 4, 2018. Judge Seybert rejected all three arguments. The Notice of Arbitration Article V(1)(b) of the NYC provides that the…
Canada, Investment Arbitration, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Mexico, NAFTA, USA, USMCA
What’s in a Name Change? For Investment Claims Under the New USMCA Instead of NAFTA, (Nearly) Everything.
…risk losing their ability to file investor-state arbitration under the new USMCA altogether. Investors with qualified investments in Mexico may still have the option to bring an investor-state arbitration under…
The Contents of Asian International Arbitration Journal, Volume 14, Issue 1, 2018
Kluwer Law International and the Singapore International Arbitration Centre (SIAC) are pleased to announce their new partnership in publishing the latest edition of the Asian International Arbitration Journal (AIAJ). In…
Arbitration Agreement, Arbitration Institutions and Rules, CIETAC, Delhi High Court, Enforcement, India
Delhi High Court Rejects Arguments against Enforcement Based on CIETAC Split
…China International Economic and Trade Arbitration Commission (CIETAC) in Shanghai by three arbitrators appointed in accordance with the corresponding rules of arbitration…” LDK brought arbitration before New Sub-commission in October…
Kluwer Mediation Blog – August & September Digest
…– Kyoto; the introduction of mandatory mediation in Romania; developments in Vietnam’s legal and institutional framework for commercial mediation; the potential which lies in establishing strong connections across conflicts; the…
FIFA Ban on Third-Party Ownership: A Pyrrhic Victory for FIFA in Front of the Swiss Federal Supreme Court?
…legal issues in this context: (i) the legality of the prohibition of TPO and (ii) the independence of the Court of Arbitration for Sport (the “CAS”) towards FIFA. In this…
BIT, ICSID Arbitration, ICSID Convention, India, Jurisdiction, kompetenz-kompetenz, Parallel Proceedings
State Courts and BIT Arbitrations: Cautious Optimism in the Vodafone v. India Saga?
…it were a commercial arbitration. As a consequence, Part II and Sections 9, 27 and 37 of Part I of the Arbitration Act (provisions applicable to foreign seated commercial arbitrations)…
China’s International Commercial Court: A Strong Competitor to Arbitration?
…in arbitration and setting aside or enforcement of international commercial arbitration awards; and iv. cases designated by the SPC when it deems appropriate), essentially, they operate only as an internal…
Turkey’s Court of Cassation Refuses to Enforce an Arbitration Clause in English Based on a Turkish Language Requirement
…the defendant. 2014: In a dispute between a foreign pharmaceutical company and a Turkish distributor, the court dismissed the case because it found the arbitration clause was invalid in the…
CIETAC’s Fresh Footprint in North America: Drawing on Experiences of its Hong Kong Counterpart
…called for special rules that are more compatible with procedural laws and arbitration practices in Hong Kong. Chapter VI was introduced in the CIETAC Arbitration Rules 2015 (the “Rules”), which…
Advance Waivers of Conflicts of Interest – Changing the Dimensions of Arbitrator Challenges
Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary advantage of arbitration is that parties have the ability to choose their own decision-makers. The issue…
The Contents of b-Arbitra, Issue 2018-1
We are pleased to present you with this new issue of b-Arbitra, which is once more filled with thought provoking articles and new developments. This issue is published as part…
The Material Scope of the 1958 New York Convention: Russian Courts Make It Broader
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope – it states that it “shall apply to the recognition and enforcement…
Snapshot on Litigation Finance in Latin America
…warrants promulgations of new rules. In any event, Kohlbach de Faria and Marra note that the bulk of funding inquiries they receive for arbitration dispute involve arbitration clauses referring to…
Confidentiality in International Commercial Arbitration: Truth or Fiction?
…for domestic arbitration, but not for ICA unless the parties have agreed to it. Confidentiality in Arbitration Rules Many arbitration institutions regulate confidentiality, but mainly as a duty of the…
Arbitration Reform in Ukraine in Action: First Results
…new rules, this post is overview of the court practice from the past nine months and it will highlight the most noteworthy cases. The Enforcement of Arbitration Agreements Ukrainian courts…
Can Directors Rely on their Companies’ Arbitration Agreements?
…IA. The issue was instead framed as whether D and E were parties to the arbitration agreement, which they had not signed. Objectively, the arbitration agreement did not apply to…
Supreme Court of India ‘Rules Out’ the Rulebook in Favor of Substantive Rights
…scuttle the administration of justice. This would certainly affect the applicability of the various new provisions introduced across various statutes in India, such as provisions imposing strict time lines for…
Australia’s (In)Capacity in International Commercial Arbitration
…“Australia’s judicial processes as the world’s best”: p3); expert arbitrators and more ICA specialisation among law firms (including a growing number of global firm offices) and barristers; new arbitration centres…
Arbitration Institutions and Rules, Astana International Financial Centre, Early Determination, Enforcement, Institutional Arbitration, Kazakhstan, Overriding Objective
Why arbitrate at the Astana International Financial Centre?
…more detailed. ↑4 See LCIA International Arbitration Rules (2014), Article 18.6. ↑5 In contrast, see Article 10.1 of the LCIA International Arbitration Rules (2014). ↑6 In contrast, see Article 10.6…
Towards an Exceptio Fundati? Assessing a (Potentially) Emerging Exception for Third Party Funding in Investment Treaty Decisions on Security for Costs in the Wake of Armas v. Venezuela
…for ordering security for costs where a claimant-investor in an investment treaty arbitration receives third party funding. This touches upon an issue for which investment treaty arbitration has struggled to…