…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…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for East and Central Asia. Experience and knowledge in international…
…the ICSID Convention, even though the EU Commission considered such an enforcement a violation of the EU state aid rules (in particular, Arts. 107 and 108 of the Treaty of…
…new-generation investment agreements, incorporating provisions reaffirming the right to regulate on the climate and sustainable development—even imposing specific obligations on investors in these respects—remains to be seen. Equally, only time…
…Arbitration Act applicable in the Bahamas (“Bahamas Arbitration Act” or the “Act”). In June and September 2020, Gabriele and Delanson (the “Applicants”) filed applications before the Court seeking to set…
…its decision in In Re – Interplay between arbitration agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (“NN Global“), where the Court re-emphasised the…
…accordance with the Arbitration Rules of the Singapore International Arbitration Center (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this…
…arbitration agreements, both parties to the contract are bound to resolve their disputes through arbitration. Such arbitration agreements are considered symmetrical, given that the obligations to refer to arbitration are…
…jurisdiction, inter alia, under the arbitration exception to the Foreign Sovereign Immunities Act (“FSIA”). Spain challenged jurisdiction, arguing that the arbitration exception does not apply because the agreements to arbitrate…
…been rendered in arbitral proceedings conducted under the Dubai International Arbitration Centre (“DIAC”) Rules 2007 awarding the claimant fifteen million dirhams in addition to arbitration and legal costs (“Award”). The…
…the STJ to provide further clarity and cohesiveness in Brazilian arbitration case law, particularly in light of the on-going attempts to reform the legal framework of arbitration in Brazil, as…
…years. The Arbitration Bill is now before the House of Lords. As appears from the Arbitration Bill and the Commission’s recommendations, the English arbitration law is going to expressly address…
…her 2019 blog post – A Zero-Impact Arbitration? Let’s talk – which began “[a]s an arbitration community, we have talked a lot about how we might arbitrate climate change issues….
…neither in the Bahrain Arbitration Law nor in the Code of Execution. Article III of the New York Convention Article III of the New York Convention promotes uniformity and represents…
…adopted modernized rules for arbitration and mediation and continues to record large numbers of new cases. The Energy Charter Treaty (ECT) completed the drafting a modernized treaty to deal with…
…to date, I argue that this is not due to the strategy’s legal infeasibility, but because MNCs have only recently begun to face unprecedented legal and non-legal pressures in terms…
…in Latvia”. We believe the law must be interpreted to apply to awards made in arbitration proceedings with the legal seat of arbitration in Latvia. Area 2: Form of…
…address the issues surrounding the legitimacy of DIAC arbitrations pursuant to DIFC-LCIA arbitration clauses entered into before the Effective Date. New York Convention and Validity of Arbitration Agreements Article…
…Rule 58 of the 2022 ICSID Additional Facility Arbitration Rules, Article 21(3) of the 2021 UNCITRAL Arbitration Rules, and Article 9 of the 2023 SCC Arbitration Rules. Under each set…
…6 February 2024, titled “The Role of Arbitration in the Energy Transition in Africa”, as part of the 2024 LCIA West-Africa Roadshow. This event examined the critical role of dispute…
…the SIAC Arbitration Rules 2016, Rule 33 of the SIAC Arbitration Rules 2013, Rule 33 of the SIAC Arbitration Rules 2010, and Rule 35 of the SIAC Arbitration Rules 2007…
