…violates the New York Convention’s straightforward language and pro-arbitration ethos by potentially generating unnecessary, unforeseeable, and improper exceptions to arbitration. Vuk Cucic, Administrative Law Challenges in Investor-State Arbitration Attributing…
It is not unnoticed that good faith gained relevance in investment treaty arbitration. There is an increasing number of decisions where good faith was relied on by tribunals on the…
…arbitration agreements and class action waivers. Over the past decade, plaintiffs’ firms embraced this legislative and jurisprudential landscape and coordinated mass filings of individual arbitration claims, particularly in the consumer…
…law governing the arbitration agreement and the APC does not make it impossible for Russian parties to participate in arbitration. The Court also held that the arbitration agreement covered the…
…discontinue the arbitration proceedings in Stockholm. Gazprom invoked Articles 248.1 and 248.2 of the RAPC arguing that: The arbitration agreement is unenforceable because Gazprom is subject to restrictive measures imposed…
…the Brussels I arbitration exception nor the New York Convention applied to this case, thus granting itself jurisdiction to rule on Spain’s state aid claims, which were the very subject…
…5 July 2023 decision, which concerned an award rendered in accordance with the Arbitration Rules of the Beijing Arbitration Commission, the Court further explained that an application for enforcement of…
From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this…
…arbitration. In this model, arbitration with state entities is always contract-based and, thus, categorized as commercial. The Brazilian state, as a contracting party, is subject to the rules stipulated in…
Continuing the central theme of the CBAr 23rd International Arbitration Conference, focused on discussing “Arbitration and Infrastructure,” the two panels held on September 3rd, 2024 were focused on the rendering…
…claims to arbitration as they had been extinguished under a duly approved insolvency resolution plan and were therefore “non-arbitrable.” In this post, we consider the interface between arbitration and insolvency…
On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) (“Mason”), reaching…
…traps and pitfalls of this method. Contrasting Approaches to Enforceability of Arbitration Agreements Another issue determined by the KG in its decision was the enforceability of the arbitration agreement…
…of the notified third party in the first arbitration in return for a binding effect of some of the determination made in the first arbitration for a second arbitration between…
…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…
In the last decade, India has emerged as a prominent pro-arbitration jurisdiction owing to several factors including legislative changes to the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Indian courts…
…to a commercial arbitration under the Commercial Arbitration Act 2011 (South Australia) (“SA CAA”) (a statute largely mirroring the Model Law). The Court of Appeal of that court answered the…
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…
…s.13(3) by providing written consent in Clause 32 of the Contract (the “Arbitration Agreement”). Relevant to this argument were the third and last sentences of the Arbitration Agreement referenced below,…
