2023 Copenhagen Arbitration Day Recap: The Future of Arbitration
…the need for a new Danish Arbitration Act. He drew a thread from the first arbitration law in Denmark under Christian V in 1683 to a bill on arbitration in…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Vietnamese Courts’ Perspectives on the Jurisdictional Effects of Non-Compliance with a Tiered Clause – Viewed through the Lens of the Hong Kong Appellate Courts’ Decisions in C v D
…arbitration. Given that both domestic arbitration laws – the Hong Kong Arbitration Ordinance in Hong Kong (Cap 609) and the 2010 Law on Commercial Arbitration in Vietnam (“LCA”) – have…
Recent Updates by the ICCA Handbook: A Throwback to 2023
2023 was a bustling year for the International Council for Commercial Arbitration (ICCA) and the field of international arbitration worldwide, marked by significant legal developments and institutional reforms. Reflecting on…
Is the Conclusion “the Tribunal did what it did with what it had” Enough? Comments on Nigeria v P&ID
…if not all arbitration institutions, and in the 2021 UNCITRAL Arbitration Rules, and the 2020 IBA Rules on the Taking of Evidence in International Arbitration. However, it should be noted…
Non-Payment of the Advance on Costs Reversal by the General Assembly of the Dubai Court of Cassation
…Arbitration Law No. 6/2018 (“UAE Arbitration Law”) maintains the enforceability of an arbitration agreement even if the arbitral award is set aside. A fortiori, non-payment of the advance on costs…
Coinbase v. Bielski: Uniform Automatic Stay in Interlocutory Arbitrability Appeals Across the 12 U.S. Federal Circuits
…agreement’s binding arbitration clause. In April 2022, the Northern District denied the motion to compel arbitration after finding that the arbitration clause was unconscionable and therefore unenforceable. Coinbase then filed…
Is the City of Lights Losing Its Allure? Highlights from the Paris Arbitration Breakfast Conference on the Seat of Arbitration
On October 31, Paris Arbitration hosted a conference on the choice of Paris as the seat in international arbitration, and its far-reaching implications. The conference, taking place in the heart…
International Law Talk Podcast and Arbitration: Quantifying International Disputes, in Conversation with Dr Herfried Wöss, Partner of Wöss & Partners
…watch for Kluwer Arbitration’s forthcoming new topic on Damages and Valuation in the Practical Insights by Topic tool or learn more about Kluwer Arbitration Practical Tools. Follow the coverage…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Middle East North Africa (MENA). The Assistant Editor reports…
UNCITRAL Working Group II 78th Session: Seeking the Balance Between Innovation and Due Process
…York Convention”). Third, parties have the possibility to raise broader issues, including the issue encompassed under the Phase 1 arbitration in a subsequent de novo arbitration (“Phase 2 arbitration”). Some…
X CAM-CCBC Arbitration Congress: Green Transition, Artificial Intelligence, Evolution of Arbitral Institutions & The Future of International Arbitration
…are subject to an arbitration agreement. In March 2023, a new arbitration agreement entered into force, and its main features are the following: Diversity of arbitration institutions: FGV is no…
Anti-Suit Injunctions in Support of Foreign-Seated Arbitrations
…that expressly provided for ICC arbitration in Paris. After QYP commenced court proceedings in Russia, SQD issued: (i) a request for arbitration, seeking inter alia, an order that QYP must…
Africa, Institutional Rules, Interview, Interviews with Our Editors, LACIAC, Nigeria, Nigeria Arbitration and Mediation Act
Interview with Our Editors: Nigeria and Lagos Chamber of Commerce International Arbitration Centre in the Spotlight with Abimbola Akeredolu SAN
…included the Arbitration Rules and Mediation Rules. The main advantage of the Adjudication Rules is that parties have a structured procedure for the resolution of their dispute through adjudication and…
ADR in the Blockchain Ecosystem: A Primer
…preventing the dissolution of assets and the avoidance of enforcement. Further, these Rules attempt to resolve the issue of pseudonymity, by requiring parties to arbitration to “provide details and evidence…
The Contents of the Yearbook Commercial Arbitration, Volume XLVIII (2023), Uploads 3 and 4
Subscribers to KluwerArbitration also enjoy access to the ICCA Yearbook Commercial Arbitration. Recently, the third and fourth upload of court decisions from the 2023 Yearbook went online on KluwerArbitration. The…
The Law Applicable To The Effects Of Insolvency In Arbitration: UNCITRAL’s Work In Progress
…of law rules in UNCITRAL’s draft provisions would direct to the lex arbitri. However, the same insolvency rules could be easily seen as rules which render the arbitration agreement invalid…
Arbitrating Family Disputes in France
…the stricter rules provided by the Arbitration Act 1996. French family lawyers, law professors, notaries and arbitration experts have developed both in theory and practice, the application of arbitration in…
The Vis Moot’s New AI Rules: Reflecting Current Sentiment & Foreshadowing Issues in Practice
…Instead, mirroring the sentiment of 63% of arbitration practitioners in a recent survey by our firm, BCLP, on the use of AI in international arbitration, the new rules seek to…
NAI Annual General Meeting 2023: A Recap
…update on the new NAI rules (recently discussed on the Blog). The latest (yet to be published) revisions, include inter alia: a focus on cost-efficiency by introducing (i) an early…
Redefining Resolution in Data Disputes: Why Arbitration Holds the Key
…each respective national court. Arbitration as a Solution Arbitration could help navigate the aforementioned challenges. To illustrate arbitration’s efficacy in resolving data privacy disputes, let us consider a hypothetical…
CIAM New Arbitration Rules: A Leap Forward for International Arbitration in Spain?
…of international disputes. To access a detailed technical note with all the modifications to the CIAM new Rules and full text of the new Rules, please visit the CIAM’s website….
The Third ICC Arbitration Conference for the Northeast of Brazil: Exploring the Region’s Full Potential
…Natália Mizrahi Lamas (Partner, FCDG Advogados, Rio de Janeiro) presented a comparison between expedited arbitration and regular arbitration in accordance with the key provisions of the ICC rules. “It is…
Evidence in International Arbitration: A Wild Horse That Has Yet To Be Broken?
Evidence is the beating heart of almost every dispute, and there is no exception in international arbitration. Therefore, the ‘Evidence in International Arbitration Report’ (Report) recently released by the Australian…
A New Dawn: Sunrise of Caribbean Arbitration as ITA Launches Initiative to Support its Development
…and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas. The Report outlines the current state of arbitration in the…