Domestic arbitration

Arbitration Reform, Arbitrator Challenges, Domestic arbitration, Latin America, Uruguay

(LL.M. Candidate in International Dispute Settlement (MIDS)) and (Bomchil)/ /Leave a comment

Law No. 20.257, enacted on April 25, 2024, amended the arbitration procedure in domestic arbitrations contained in the Uruguayan General Procedural Code (“GPC”).  Pursuant to Law No. 19.636–Act on International Commercial Arbitration (“AICA”), the amendment of the General Procedural Code enhanced the domestic arbitration framework by providing greater flexibility. The new law eliminated the mandatory…

Canada, Domestic arbitration, Jurisdiction, NAFTA, Set aside an international arbitral award

(Mechantaf Law)/ /Leave a comment

In July and August 2024, the Court of Appeal for Ontario (CA) and the Ontario Superior Court of Justice (SCJ) have addressed critical questions concerning the jurisdiction of arbitration tribunals. Two noteworthy decisions have emerged: the first shedding light on the tribunal’s authority to correctly apply matters within its own jurisdiction, and the second on…

AIAC, Appeal, Costs, Domestic arbitration, Malaysia, Set aside an arbitral award

(Asian International Arbitration Centre)/ /Leave a comment
Asian International Arbitration Centre (AIAC)

Introduction The second day of the Asia ADR Week 2022 kicked off with a panel discussion on Rechartering a Modern Legislative Framework with Mr Abang Iwawan (Abang & Co.) as moderator. Mr Iwawan was joined by Ms Karen Ng Gek Suan (Karen, Mak & Partners), Mr Rajendra Navaratnam (Azman Davidson & Co.), Mr Foo Joon…

Australia, Domestic arbitration, UNCITRAL Model Law

, / /1 Comment

A little over a decade has passed since the introduction of the Model Law on International Commercial Arbitration in Australia as the framework for uniform domestic arbitration legislation. Before this, the various enactments of domestic legislation in the Australian states and territories had followed English Acts. For example, the New South Wales 1902 Arbitration Act…

Canada, Domestic arbitration

(Fasken LLP, VanIAC)/ /Leave a comment

British Columbia (“BC”) was the first Canadian jurisdiction to introduce modern arbitration legislation based on international standards in the UNCITRAL Model Law in 1986. Despite being an early leader in arbitration in Canada, BC did not update its domestic legislation for over two decades, which caused some increasing discrepancies between BC’s arbitration legislation, the UNCITRAL…

Appeal, Canada, Domestic arbitration

(Norton Rose Fulbright Canada LLP)/ /1 Comment

The approach historically taken by Canadian courts to playing the role of guardian with respect to domestic commercial arbitration has sometimes been both confused and confusing, a situation only cofounded by recent Supreme Court of Canada (“Supreme Court”) jurisprudence. With the release of Sattva in 2014 and Teal Cedar in 2017 , the Supreme Court…

Arbitration, Arbitration Quiz, Domestic arbitration, New Year Arbitration Quiz

(MDisputes)/ /Leave a comment

Nkiru Agbu is the winner of the 2020 Kluwer Arbitration Quiz. Nkiru spent New Year’s Day researching the Quiz in order to be the first to submit the correct answers. Now that’s passion for international arbitration! Nkiru won a very special prize for her correct answers for which she will be contacted. In addition to…

Arbitration, Arbitration Quiz, Domestic arbitration, New Year Arbitration Quiz

(MDisputes)/ /Leave a comment

Should odd domestic arbitration practices be forgot, and never brought to mind!   Planning to be more international in the coming decade? Just in time for your New Years resolutions, we have the 2020 Kluwer Arbitration New Years Quiz.  This year, the blog’s editors have helped assemble questions about domestic arbitration practices from around the…

Domestic arbitration, Federal Arbitration Act (FAA), United States

(Penn State Law)/ /Leave a comment

The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S. Supreme Court (“SCOTUS” or “the Court”) has provided resolute support for arbitration and proclaimed the legitimacy of its enhanced adjudicatory role. The few rulings that strayed from the contemporary judicial evaluation of arbitration1)Wilko v. Swan,…

Azerbaijan, Domestic arbitration, Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law

(ICC)/ /1 Comment

I address the regulation and practice of arbitration in Azerbaijan, a topic which has not been discussed widely on an international level. While there is a significant uniformity in international arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and…

Arbitrability, Arbitration clause, Consent, Domestic arbitration, Domestic Courts, Domestic law, Enforcement of an arbitration clause, Federal Arbitration Act (FAA), United States

, (Mayer Brown) and (Goldman Ismail Tomaselli Brennan & Baum LLP)/ /Leave a comment

Businesses that are party to an arbitration agreement governed by Nevada law should understand that a little-known Nevada statute renders these agreements unenforceable if a contract lacks so-called “specific authorization” indicating that a person affirmatively assented to the arbitration provision itself. While the Nevada Supreme Court has applied this rule to invalidate arbitration agreements, a…

Appeal, Arbitration Awards, Domestic arbitration, Public Policy, Set aside an arbitral award, United States

(Herbert Smith Freehills)/ /3 Comments

On April 28, 2017, the Court of Appeals for the District of Columbia Circuit (in a majority decision) affirmed the district court’s decision to set aside an award issued by a sole arbitrator finding that the award violated public policy.  The award was rendered in the context of mandatory arbitration of statutory claims under the…

Arbitrability, Arbitration Act, Arbitration institution, arbitrators’ conduct, Bribery, Criminal law and arbitration, Domestic arbitration, National Arbitration Laws, Russia

(Arbitration Court at the Russian Union of Industrialists and Entrepreneurs)/ /1 Comment

In 2013 the President of the Russian Federation Vladimir Putin announced in his annual message to the Council of the Federation: “I would like to attract your attention to one more problem – the mechanisms of commercial dispute resolution are still not as good as the global practice is, and it is necessary to raise…