Arbitration Institutions and Rules

Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules

(DLA Piper)/ /Leave a comment

The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27, 2019. Ten years have led to its consolidation as one of the most important ICC events in the region. This year’s intensive program included several…

Arbitration, Arbitration Agreements, Arbitration Industry, Arbitration Institutions and Rules, Investment Arbitration

(Bird & Bird)/ /Leave a comment

Over the last couple of decades, arbitration, its practical aspects, but also its very notion, have faced severe attacks from a variety of critics: politicians, members of civil society, users, etc. While arbitration practitioners are actively tackling many areas of reform, the majority of these denunciations appear, for the most part, biased and overly simplistic….

Arbitration, Arbitration clause, Arbitration Institutions and Rules, Surveys

(The University of Kansas School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Arbitral institutions commonly offer model arbitration clauses for parties to incorporate into their contracts. Gary Born has stated that “[i]n the overwhelming majority of cases, … international arbitration agreements are straightforward exercises, adopting either entirely or principally the model, time-tested clauses of a leading arbitral institution.”1) Gary B. Born, International Commercial Arbitration 212 (2d ed….

Arbitral Tribunal, Arbitration Institutions and Rules, Arbitrators, Diversity

(Queen's University Faculty of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Jay-Z changed the rap game. Can he change the arbitration game? In a new lawsuit, the rap star (legal name: Shawn C. Carter) seems to be trying. Carter has recently won a temporary order staying arbitration for a dispute in New York. The memorandum of law in support of the petition for a stay (filed…

Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, ICC, ICC Arbitration, ICC Rules, International arbitration, Trust

(McGill University )/ /Leave a comment

Over the last century, arbitration has established itself as one of the most popular means for resolving commercial disputes1) Gary B. Born, ‘Chapter 1: Overview of International Commercial Arbitration’, International Commercial Arbitration (2nd edition, Kluwer Law International 2014), 6–224, at 93-97; Queen Mary University London, 2015 International Arbitration Survey: Improvements and Innovations in Arbitration. and…

Arbitration, Arbitration Agreement, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICC, ICC Arbitration, International arbitration, Russia

, (Freshfields Bruckhaus Deringer LLP)/ /2 Comments

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling1) Ruling of the Arbitrazh (Commercial) Court of the City of Moscow dated 8 February 2018, case No. A40-176466/17-83-1232. denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime Management SA (Luxembourg) against JSC Inzhtransstroy…

Arbitration institution, Arbitration Institutions and Rules, Arbitrators, Confidentiality, India

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YIAG

The proposed amendments (“Bill”) to the Indian arbitration law may soon get the force of law. The Bill is based on the report (“Report”) of a High Level Committee and suggests several changes which may have far-reaching negative effect.   In my earlier post, it was argued that the Report and the Bill have some…

Arbitration Institutions and Rules, Consolidation, Emergency Arbitrator, Expedited arbitration, Expedited Proceedings

(Clifford Chance Asia) and (P&A Law Offices)/ /Leave a comment

Many arbitration centres trumpet innovativeness as their selling point. One commonly cited proof of innovativeness is ‘software upgrades’, i.e., centres revising rules to introduce new arbitral procedures. These are intended to make arbitration cheaper, faster, and fairer. Introducing New Arbitral Procedures – First Movers New procedures introduced over the past decade include emergency arbitration (“EA“),…

Arbitration Agreement, Arbitration Institutions and Rules, CIETAC, Delhi High Court, Enforcement, India

(Baker McKenzie FenXun)/ /Leave a comment

Background on CIETAC Split Up until May 1, 2012 CIETAC had a branch in Shanghai named CIETAC Shanghai Sub-commission (the “Old Sub-commission”). This Old Sub-commission used the same CIETAC arbitration rules but was administered by a secretariat semi-independent of that of the head office of CIETAC in Beijing. On May 1, 2012 CIETAC launched its…

Arbitration Institutions and Rules, Astana International Financial Centre, Early Determination, Enforcement, Institutional Arbitration, Kazakhstan, Overriding Objective

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

A focus on the AIFC Arbitration and Mediation Rules 2018 and improvement to enforcement of arbitral awards in Kazakhstan Introduction to the AIFC The Astana International Financial Centre (AIFC) is a financial hub in Kazakhstan that came into operation this year. The purpose of the AIFC is to establish itself as a key centre for…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Costs, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Sweden, Third party funding

, , (Roschier Attorneys, Ltd.)/ /Leave a comment

Introduction Despite a rapid emergence at a global stage, third-party funding (TPF) appears yet as unfamiliar to businesses in the Nordic region. According to a survey included in the 2018 edition of the Roschier Disputes Index, merely 5 per cent of the Nordic companies have used TPF for financing litigation or enforcement proceedings. Arguably, these…

Africa, Arbitral Award, Arbitral seat, Arbitration institution, Arbitration Institutions and Rules, Ethiopia, Uncategorized

(Equanimity Arbitration)/ /1 Comment

Five years after filing the Permanent Court of Arbitration (PCA) Case No. 2013-32 under the European Development Fund Arbitration Rules (EDF Rules), the claimant, Consta JV (an Italian contractor), would have hoped for a successful award against the CDE (a joint enterprise between the Ethiopian and Djibouti government) that would be upheld by the local…

Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration

(NL-Investmentconsulting)/ /Leave a comment

The first half of the year has been a rollercoaster when it comes to BITs and ISDS, in particular in Europe. Several developments at various levels can be distinguished with one common denominator: for better or for worse, the European Union (EU) and EU law have become one of the key drivers in shaping international…

Arbitration, Arbitration Institutions and Rules, Austria, Costs, Costs in arbitral proceedings, Security for Costs, VIAC

(Zeiler Floyd Zadkovich)/ /1 Comment

Since their inception in 1975, the Vienna Rules (Rules of Arbitration and Mediation of the Vienna International Arbitral Centre) have undergone a number of major reforms keeping them abreast of the fast-moving tides of legal development in international arbitration. The latest revision of the Rules as from 1 January 2018 (previously covered in this blog)…

Arbitration Institutions and Rules, Arbitration Proceedings, Expedited arbitration, SCC, SCC Rules, Sweden

(Climate Change Counsel)/ /Leave a comment

“In its origins, the concept of arbitration as a method of resolving disputes was a simple one . . . . Two traders, in dispute over the price or quality of goods delivered, would turn to a third whom they knew and trusted for his decision.” (Redfern & Hunter 2014 at 1-03) Arbitration has strayed…

Africa, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, International arbitration

(Equanimity Arbitration)/ /Leave a comment

What is FDI? Foreign Direct Investment (FDI) is investment in the shares of an enterprise operating in a country other than the home country. Typically, such investment can either be in the form of ‘mortar and brick’ investment or mergers and acquisitions. FDI has a major impact on the economic growth of developing countries. Africa…

Arbitration, Arbitration Institutions and Rules, Maritime Arbitration, Scandinavia

, (Gorrissen Federspiel)/ /1 Comment

The Nordics now boast two Nomas – the world-famous Danish restaurant (noma) and the Nordic Offshore and Maritime Arbitration Association (NOMA). NOMA began operations early this year, and its rules and best practice suggest a more pragmatic, quicker and cheaper service than traditional institutions. NOMA was established as an initiative of the Danish, Finnish, Norwegian…

Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration

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The Belt-and-Road Initiative (“BRI“) is a grand vision about connectivity, infrastructure, trade and unimpeded foreign direct investment (“FDI“) flows. It is a path to China’s largest export market  – the European Union – which does not only propose to ‘transit’ Eurasia (and coastal East Africa), but to radically transform it. And, thus, mere construction and…

Arbitration, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Counsel

(Bocconi University)/ /2 Comments
Arbitrator Intelligence

Before answering the titular question, let’s start with the more basic question: What is a race to the top? The phrase seems self-explanatory. It is a compelling and vivid metaphor that has by now entered to the public lexicon. But the phrase “race to the top” originated as a counterpart to the more ominous phrase:…

Arbitration, Arbitration Institutions and Rules, International arbitration

(JMiles & Co.)/ /Leave a comment

It is trite that economic growth in Africa and the scale of investment into the region has thrust international arbitration to the forefront of dispute resolution on the continent. Indeed, the proliferation of African international arbitration centres (there are more than 40 currently in existence) is testament to the fact that African governments are alive…

Arbitration, Arbitration Institutions and Rules, Hungary

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Schoenherr

Following the entry into force of the new act on arbitration (Act LX of 2017 on Arbitration, the “Act”) this year, the Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI”) adopted its new procedural rules (“Arbitration Rules”) effective and applicable as of 1 February 2018. It was to some degree expected…

Arbitration, Arbitration Institutions and Rules, Arbitration Pledge, Arbitrators, Belt Road Initiative, Diversity, Technology

(Corrs Chambers Westgarth)/ /Leave a comment
Young ICCA

2017 was yet another significant year for international arbitration. Many arbitral institutions amended their arbitration rules, including: – the Stockholm Chamber of Commerce (SCC) Arbitration Rules and Singapore International Arbitration Centre (SIAC) Investment Arbitration Rules which both came into effect on 1 January 2017, – the Thai Arbitration Institute (TAI) Arbitration Rules on 31 January…

Arbitration Institutions and Rules, Counsel, FAI, Finland, IBA Guidelines on Party Representation

(Hannes Snellman)/ /3 Comments
Finland Arbitration Institute (FAI)

Introduction It is generally accepted in international arbitration that an arbitral tribunal has an inherent power, and duty, to preserve the fairness and integrity of the arbitral proceedings and the enforceability of the award. On the other hand, it is equally uncontested that a party to an arbitration has a right to be represented by…

Arbitration, Arbitration Institutions and Rules, Germany

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Herbert Smith Freehills

The new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit – “DIS”) will enter into force on 1 March 2018 (“DIS Rules 2018”). It is the first revision of the DIS Rules since the current version was adopted in 1998 (“DIS Rules 1998”). The revision process involved nearly 300 persons sitting…