…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…
…of the arbitration” in the context of domestic arbitration. This avoids the confusion between “seat” and “venue” created by the phrase “place of arbitration” used in the Model Law and…
…submission of a claim to arbitration, and (vi) non-retroactivity. Several new topics were also addressed. In the Foster Wheeler submission, for example, the United States addressed preliminary objections based on…
…Court found there was no enforceable arbitration agreement. Once joined to the arbitration, he may have had an expectation of confidentiality pursuant to LCIA Article 30. However, this would not…
…proposal and triggered the arbitration clause. On 16 November 2022, the tribunal rendered the arbitral award (“the Award”) obliging NHP to compensate Thywissen damages, interest, and arbitration costs, including legal…
…the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating…
…remain confidential. In investment arbitration, this problem is even more pronounced since the overall number of awards rendered per year is low. One potential solution in international commercial arbitration is…
…direct the parties to arbitration if a party raises an objection that there is an arbitration agreement, unless the arbitration agreement is void. In contrast to the prior arbitration provisions…
…1065 of the DAA, arguing that the arbitral award must be set aside for the lack of a valid arbitration agreement since the condition precedent for the arbitration agreement –…
…only signatories to an arbitration clause can be parties to an arbitration, based on the principle of privity of contracts and the requirement that arbitration clauses be in writing (Bahraini…
…Our case is a modern loose adaptation of the Greek classic “The Judgment of Paris” (see here). Suppose a party to a multi-party arbitration posed these oddly specific questions to…
…arbitration that is crucial for improving efficiency in international dispute resolution. Alberto Jonathas Maia, Impartiality of Arbitrators in Brazilian Law: An Intersectional Approach Between Arbitration, Economics, and Psychology This…
…Arbitration Under Multiple Contracts), HKIAC Case ID CD2023/08/01, 1 August 2023 Hong Kong International Arbitration Centre, ITA Reporter for the Hong Kong International Arbitration Centre (HKIAC) In an arbitration under…
…Arbitration Rules (ICC Case No. 19058/GFC). In the arbitration, CW Travel obtained a favorable award of approximately US$ 2,14 million. Afterwards, CW Travel sought the enforcement of the ICC Award…
…all disputes arising out of the contract are to be determined by arbitration in accordance with the Gafta Arbitration Rules under English law. The arbitral process is administered by Gafta…
…This article analyses in detail the multifaceted types of disputes involving businesses, as well as the responses by international arbitration institutions. After highlighting how international commercial arbitration can resolve existing…
…Arbitration; International Centre for Arbitration & Mediation in Kampala; Korean Commercial Arbitration Board; Canada Commercial Arbitration Centre; Asian International Arbitration Centre; Mumbai Center for International Arbitration; Centre for Conciliation Mediation…
…and the Common Law: The Rationales Underpinning the Law Commission’s Proposed Reforms to the English Arbitration Act 1996 The Arbitration Act 1996 has regulated arbitrations in England and Wales for…
On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “Arbitration for the Next Generation”, this year’s edition highlighted the challenges…
…Model Law as adopted by the Arbitration Act 2010 to stay proceedings and refer the dispute to arbitration pursuant to an arbitration clause in the insurance policy. Both court applications…
The Institute of Transnational Arbitration (“ITA”), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on…
…to this conclusion, the Court made three observations: The substance of the dispute had been decided in the 2014 Award; The costs of the arbitration and their allocation had been…
