…procedural order lead to different procedural and substantive implications. For example, procedural orders do not fall within the scope of the enforcement provisions in the New York Convention and the…
…arbitration as opposed to a domestic commercial arbitration, governed by different provisions of the Act. In order to determine the existence of mutual intention, the SC examined whether it was…
…and both investors and states have to remain aware of the new developments as they will either close or open the doors for new arbitration proceedings. For ICSID cases, the…
…later consolidated and are now being heard by a single arbitral tribunal operating under the UNCITRAL Arbitration Rules 2013. The case, Antonio del Valle Ruiz et al. v. Kingdom of…
…settlement of disputes without such disclosure. Kenya’s Arbitration Act of 1968 initially did not apply to international trade. This changed with the enactment of the Arbitration Act of 1995 which…
…in the new 2013 UNCITRAL Arbitration Rules. The Rules will automatically apply to disputes arising out of treaties concluded as of 1 April 2014, not to mention that the EUVIPA…
…Comes of Age: Yet another challenge for states in investment treaty arbitration?” iisd.org, November 2011. Does FPSS apply only in the case of physical security? The question of whether…
…International Arbitration Centre (‘HKIAC’); China International Economic and Trade Arbitration Commission (‘CIETAC’) Hong Kong Arbitration Center (‘HKAC’); International Court of Arbitration of the International Chamber of Commerce – Asia Office;…
…AI in arbitrations and the future of arbitration in Hong Kong. Has arbitration always been your interest from the start of your career? My interest for the early years…
…Sophie Lamb QC, global co-chair of the international arbitration practice at Latham & Watkins. The theme of this year’s lecture was whether arbitration is sustainable. The premise was the necessary…
As Hong Kong Arbitration Week 2019 hits the midway point, we asked three next-generation arbitration practitioners: how do you see the future of arbitration in Hong Kong? These are their…
…revising its Rules. New provisions have been introduced to recognise the pressure points in existing rules, and to seek input and consensus from the breadth of the interested arbitration community…
…of early dismissal procedures in arbitration. Despite their “broad discretion” arbitrators typically suffer from “due process paranoia” that leads to lengthier proceedings in arbitration, adding to the expense. In response,…
…that one cause is the lack of quality legal assistance. However, states were divided on the design of a new centre, especially questions such as: Who would benefit? What services…
…in arbitration? I started my career at the Singapore International Arbitration Centre (“SIAC”) where I administered cases under the SIAC Rules or UNCITRAL Rules. I then did a legal internship…
…of the most fundamental duties to safeguard the legitimacy of arbitration. Yet, what are the consequences if they fail to do so? This question has kept two German courts, the…
…to consider the legal and policy intricacies arising from the intersection between the country’s domestic legal order and its EU and other treaty obligations. While separated by arguments and perspectives,…
…over 1 million) and many of the 3,000-plus IIAs contain ISDS provisions. At the same time, we know furthermore that there are many under-resourced developing countries that neither have the…
…means the court referred to under article (9) of the Egyptian Arbitration Law, which would be either (a) Cairo Court of Appeal in case of International Arbitration; or (b) Territorially…
…Libra Case, which dealt with claims subject to port sector regulation and the legal regime applicable to legal entities governed by public law. Turning to the General Information section, Gabriela…
…growing consensus among practitioners and scholars that post-arbitration trades are harmful. The consensus against post-arbitration trades has led some states to take action such as by passing legislation that puts…
…in exercise of its discretion pursuant to section 103(5) of the Arbitration Act 1996 (which gives effect to Article VI of the New York Convention) on the basis that an…
…Manuel ARROYO, Giving birth to a 3’000-page treatise: How “Arbitration in Switzerland” came into being Manuel ARROYO, the editor of Arbitration in Switzerland – The Practitioner’s Guide, shares with the…
…general rules applicable to these arbitrations: (1) the arbitral tribunal shall apply Brazilian law, arbitration in equity is expressly forbidden; (2) arbitration shall be carried out in Brazil and in…
