Issue 34, Volume 2 contains: Michael W. Bühler & Pierre R. Heitzmann, The 2017 ICC Expedited Rules: From Softball to Hardball? Abstract: The 2017 ICC Rules of Arbitration, in force since 1 March 2017, have adopted new provisions for expedited procedures with the objective of having final awards issued by sole arbitrators six months after…
Issue 34, Volume I ARTICLES SECTION Ank Santens & Jaroslav Kudrna, The State of Play of Enforcement of Emergency Arbitrator Decisions Abstract: The 2015 Queen Mary/White & Case International Arbitration Survey found that 79% of respondents considered the enforceability of emergency arbitrator decisions to be the most important factor influencing their choice between state courts…
The Kluwer Journal of International Arbitration (JOIA) is pleased to announce a forthcoming Special Issue on “Dispute Resolution in Asia.” This Special Issue will focus on the use of international arbitration as means of resolving cross-border disputes in Asia. Slowly but steadily, Asia has established its presence on the international arbitration world map. The main…
Prime Minister Theresa May has repeatedly said, “Brexit means Brexit.” But what does Brexit actually mean? When is Brexit going to happen? And is Brexit going to happen at all? And if it will happen, what will be the consequences for international dispute resolution? The Kluwer Journal of International Arbitration’s Special Issue on “Brexit” analyses…
Volume 33 Issue 4 ARTICLES SECTION Stephan Wilske & Chloë Edworthy, The Future of Intra-EU BITs: A Recent Development in International Investment Treaty Arbitration Against Romania And Its Potential Collateral Damage Abstract: The article explores the debate surrounding intra-EU investment treaty arbitration and the intervention of the European Commission in an investment treaty arbitration against…
Volume 33 Issue 3 contains: ARTICLES SECTION Richard HAPP & Sebastian WUSCHKA, Horror Vacui: Or Why Investment Treaties Should Apply to Illegally Annexed Territories Abstract: The 2014 Crimea crisis, in addition to issues of general international law, triggered questions relating to international investment law and arbitration. One of these is to what extent a state’s…
Queen Mary University of London & Wilmer Cutler Pickering Hale and Dorr LLP Volume 33 (2016) Issue 2 contains: ARTICLES SECTION Nadia Darwazeh & Adrien Leleu, Disclosure and Security for Costs or How to Address Imbalances Created by Third-Party Funding Abstract: The growth of third-party funding (TPF) in international arbitrations seems to have intensified…
Volume 33 (2016) Issue 1 contains: Gloria Maria Alvarez, Blazej Blasikiewicz, Tabe van Hoolwerff, Kleopatra Koutouzi, Nikos Lavranos, Mary Mitsi, Emma Spiteri-Gonzi, Adrian Verdegay Mena, Piotr Willinski, ‘A Response to the Criticism against ISDS by EFILA’ (2016) 33 Journal of International Arbitration, Issue 1, pp. 1–36 Abstract This article analyzes the validity of some of…
Volume 32 (2015) Issue 6 contains: ARTICLES SECTION Bernard HANOTIAU, Non-signatories, Groups of Companies and Groups of Contracts in Selected Asian Countries: A Case Law Analysis Abstract: More than one-third of all international arbitration cases filed these recent years have involved issues of non-signatories, groups of companies or groups of contracts. The scenarios are diverse,…
Queen Mary University of London & Wilmer Cutler Pickering Hale and Dorr LLP Volume 32 (2015) Issue 5 contains: ARTICLES SECTION Seung CHONG & C.L. LIM, The Convergence of China’s Foreign and Domestic Investment Regimes and China’s Investment Treaty Commitments Abstract: The Ministry of Commerce of the People’s Republic of China (PRC) has issued a…
Queen Mary University of London & Wilmer Cutler Pickering Hale and Dorr LLP The Journal of International Arbitration was created over thirty years ago to “exchange ideas, share experiences and learn from each other of the practical problems encountered in arbitration proceedings”. Since then, the issues raised in, and problems faced by, the international arbitration…
and Queen Mary University of London This article is published as a result of the cooperation agreement between Kluwer Arbitration Blog and ArbitralWomen. The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. Issues relating to…
By Maxi Scherer and Sophia Lange1)Maxi Scherer is Special Counsel in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP and Senior Lecturer at Queen Mary University London; Sophia Lange is an Associate in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP. On 26 September 2012,…
On Thursday, 13 January 2011, France revealed its long-awaited new arbitration law. The décret n° 2011-48 portant réforme de l’arbitrage, was published in France’s Official Journal, alongside a report commenting on the reform. The new law can be found here, as well as the accompanying commentary here. The reform concerns both domestic and international arbitration…
Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s novel Der Zauberberg or The Magic Mountain. Yet aficionados of arbitration who persevere to the sixth chapter of his lengthy book are treated to a…
The Swiss Supreme Court recently rendered a decision (4_A428/2008, dated 31 March 2009) regarding the effects of insolvency proceedings on international arbitrations seated in Switzerland. This case concerns a multi-party arbitration conducted under the ICC Rules with its seat in Geneva. One of the co-respondents in the arbitration, a Polish company, informed the tribunal that…
