English Law

Arbitration clause, Arbitrators, English Law, Nationality requirement in arbitration clauses, Seat of the arbitration

(Herbert Smith Freehills)/ /3 Comments
Herbert Smith Freehills

In arbitration, as in other aspects of business life, parties often feel most comfortable when they are (literally) on familiar ground. If things go wrong, a European or American company might understandably prefer arbitration seated in Europe or New York. On the other hand, parties from the PRC, for example, are increasingly, and equally understandably,…

Arbitration, Arbitration Proceedings, English Law, Investment Arbitration, Non-signatory, State entity

(Aavagard LLP)/ /3 Comments
Freshfields Bruckhaus Deringer

Agency as a mechanism for compelling a non-signatory to join arbitral proceedings By Hanna Roos for YIAG International investors, and those who advise them, continue to be vexed by the question of when a non-signatory, such as a sovereign state, can be compelled to join arbitral proceedings. A typical scenario involves a private investor who…