…Legal Status The dominant view within WGIII has been that the AC should be established as an intergovernmental organization and have international legal personality, akin to Article 18 of the…
…of the IBA Rules on the Taking of Evidence and the UNCITRAL Arbitration Rules. Background of the Case The investor, Sea-Search Armada (“SSA”), claims roughly USD 10 billion, equivalent…
…project have led to very different conclusions. In 2015, MSC brought arbitration proceedings against Poland under the US-Poland BIT. On 7 December 2018, the arbitral tribunal decided that MSC was…
…Arbitration (CRCICA), the Lagos Court of Arbitration, and the Nairobi Centre for International Arbitration. CRCICA has updated its arbitration rules this year to provide for remote hearings, online filing, consolidation…
…ESG clauses. Arbitrators would face new difficulties and duties. The question remains: will climate change only create new issues within arbitration, or will it change the climate of arbitration? …
…[emphasis added], in accordance with its administrative rules including, as applicable, the Commercial Arbitration Rules of the AAA, (…) in accordance with its administrative rules (…). The arbitration hearings shall…
…corresponding provisions in the arbitration rules, for example in Article 26 of the ICC Arbitration Rules and Article 29 of the DIS Arbitration Rules. It would be even more consistent…
…common law since arbitral awards do not set precedents. Adapting Rules of Evidence for Tech Disputes in Arbitration Arbitration generally adopts a more lenient approach to certain evidence rules,…
…arbitration community. Young CalArb is sponsored by California Arbitration and is committed to advancing the cause of California Arbitration in developing and promoting California as a hub for international arbitration….
…which looked at the present and into the future to determine how new technologies may shape the human experience in international arbitration. International Arbitration: An AI Endeavour The Congress’…
Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the…
…of cultural differences on arbitration procedures, the unique characteristics of sports arbitration procedures, the use of multi-tiered dispute resolution clauses, and the challenges of translating legal concepts accurately across civil…
…growth and dissemination of international arbitration has pushed it to expand beyond the vision expressed by “grand old men” that international arbitration is meant to apply solely lex mercatoria to…
…and separately, a form of personalized assistance to users in accessing its arbitration rules. The third institution in this group employs ChatGPT and DeepL Write to enhance its internal processes:…
In February 2024, the Arbitration Committee of the International Bar Association (“IBA”) released a revised version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA…
…and technology (discussed here and here respectively) in international arbitration. This post covers the discussions of the two panels, “The State of Arbitration – Navigating an Arbitration Involving State-Owned Entities”…
…India EFTA FTA retains arbitration as a dispute settlement mechanism. At the same time, the said provision requires the tribunal to apply customary rules of public international law. Though unrelated,…
…arbitration specific courts. Among others, the arbitration bar is expected to be a catalyst to India’s roadmap and make way for not just a dedicated forum for arbitration lawyers, but…
…debating the role of an arbitrator and the principles that should guide conduct and decision making in arbitration. Additionally, the day’s programme will delve into the broader and complex sociological…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for South Asia. Experience and knowledge in international arbitration in,…
…seems to be the case for most other arbitration laws. At the same time, while most institutional arbitration rules allow joining a third party to the arbitration with all rights…
…Relatively few countries sign new treaties that include investor-state arbitration. According to UNCTAD, in 2022, 60 investment treaties were terminated, while fewer than 20 new ones were signed. Several countries,…
…of an arbitration agreement to arbitration unless, under section 7(5), the court finds that the arbitration agreement is null and void, inoperative or incapable of being performed. Carmichael argued that…
…of a foreign arbitration award from France, based on Law No. 19.971 on International Commercial Arbitration and on 1958 New York Convention. Hugo Issa v. Club Deportivo O’Higgins de…
