…tribunal found the NPS’s conduct to be directly attributable to the State, the Mason tribunal rejected the argument that the NPS’s conduct was attributable to the State but found that…
…of admissibility of arbitration since their legal effect should be assessed in the arbitration proceedings. The ACM, by contrast, based its above-mentioned decision on these amendments, namely, Article 248.1(4) APC,…
…Vis Moot problem? A – hopefully – interesting problem to be resolved under the new Arbitration Rules of the Finland Arbitration Institute. 😊 Thank you for your time and…
…arbitration by a three-member tribunal if consultations fail. Differently from traditional instruments, however, arbitration appears unaccompanied by any reference to an arbitral institution or to a set of arbitration rules,…
…to supply gas, Crescent initiated ad hoc arbitration proceedings in 2009. In 2018, Crescent launched a second arbitration, claiming US$ 18.6 billion in damages. A Geneva-seated tribunal chaired by Laurent…
…oral arbitration agreement is questionable in terms of proving its existence. Upfront Court Review of Arbitration Agreements The German arbitration law contains a special provision permitting domestic courts to…
…and practical solutions. Confidentiality in International Arbitration: Duties and Considerations What is the duty of confidentiality in international arbitration? The obligation of confidentiality in arbitration is, broadly, an obligation imposed…
…off to different companies which led to the arbitration. The arbitration was conducted under the Singapore International Arbitration Centre Rules with Singapore as the seat. In September 2014, a three-member…
…as those rules have the same legal effect when transposed to arbitration, and subject only to notions of arbitrability and public policy under the curial law. Here, the proportionate liability…
On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New Zealand Agreement…
…Facility Arbitration (“AF”) Rules of April 2006 (Case No. ARB(AF)/12/5). Rusoro claimed that, between 2009 and 2010, Venezuela expropriated its investment over mining rights and contracts without compensation, and committed…
…Convention”), following the adoption the NYC in 1995. In 1996, Lithuania introduced its Law on Commercial Arbitration (based on 1985 UNCITRAL Model Law on International Commercial Arbitration). Since arbitration in…
…Rules of Arbitration, 1998 – which under Article 28(6) (now Article 35(6) of the ICC Rules of Arbitration, 2021) dealt with the parties’ duty to carry out the resulting award…
…application. Still, provisions at the core of any arbitration law—namely rules on how courts deal with arbitration agreements and arbitral awards—also exist at the EU level. So far, this may…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Technology. Interest and expertise in technology-related issues in international…
…ad hoc arbitration, meticulous drafting of the arbitration agreement is paramount. If parties prefer institutional arbitration, the choice of arbitration rules becomes crucial. In some (extreme) cases, the choice of…
…various angles, transcending the boundaries of legal systems and legal cultures and covering both commercial and investor-state arbitration. Kickstarted by an afternoon of Young ITA events (among them a mock…
…into two categories. The first category (Protocols A, B, and C) comprises the code of conduct for arbitrators, model provisions on mediation, and draft provisions on procedural and cross-cutting issues…
…emphasis on the role of the arbitral tribunal in facilitating parties to achieve an amicable resolution. To that end, arbitral institutions have incorporated specific provisions in their rules or guidelines,…
…obligations (s.12(1) of the UNCITRAL Model Law, Sch. 2 to the Ontario’s International Arbitration Act) concerning a prior engagement by counsel in another separate and ongoing arbitration. As in Ballantry,…
…some of the key substantive provisions of the Convention. Last, the blog post shall explore the interplay between the Convention and international arbitration. 2019 Hague Convention: A Short History…
…a form of exclusivity and protection against the world (erga omnes), while arbitration, a creature of consent, only binds the parties to the arbitration agreement and the arbitration itself (inter…
…emergency arbitration proceedings in Article 29 of its 2021 Arbitration Rules. Reflecting international practice, major arbitration chambers in Brazil have likewise recently adopted well-crafted rules on emergency arbitration, largely on…
…an omnibus arbitration regime. “Bright line” rules This same emphasis on practicality can be seen in the Draft Act’s definition of “international commercial arbitration”. The Model Law definition includes…
