…a tool of arbitral institutions that list pools of arbitrators, as an ancillary to online research tools (online databases) such as ArbitralWomen or Arbitrator Intelligence, or even as a means…
The facts in Getma v. Guinea case seem familiar enough, but the facts leading to annulment of the award involve a wholly unexpected plot twist—a showdown between an African arbitral…
…and potentially volatile issues. Case No. A30, for example, is based in part on allegations that the United States breached the Algiers Declarations by authorising covert Central Intelligence Agency operations…
…mutual agreement to arbitrate fit better into a consensual scheme than one which required the artificial construction and commencement of arbitration in respect of a cross-claim. Analysis III allows a…
…be reasonable at all, because in many cases the substantive law and the law of the seat may differ. If this “justification” requirement serves only as an artificial phase than…
The Court of Arbitration of the International Chamber of Commerce began the new year by announcing two interesting and even bold innovations. The ICC Court will now, according to the…
…be taking a place more center stage in the future of international arbitration is that still-fledgling start-up known as Arbitrator Intelligence. By creating an international clearinghouse of information about arbitrators…
…v Yemen, whilst noting that the investor had failed to obtain a required ‘investment certificate’, the Tribunal upheld jurisdiction. It considered that insisting on the registration requirement would be ‘artificial’…
…difficult challenge. * For example, Prof. Catherine Rogers has published here on Kluwer a proposal – already in implementation – to bring about more transparency through the Arbitrator Intelligence project….
…as a whole because this would provide insight into the circumstances on which meritorious challenges might be founded. * Examples of Kluwer posts on the subject: Arbitrator Intelligence: The Pilot…
…rather than to its efficacy can sometimes look somewhat artificial. Now, whether or not the development and codification of soft law by arbitral institutions and other organisations like the IBA…
Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this…
Seemingly not a month goes by without a new arbitral institution springing up, from Turkey to Bulgaria, from Georgia to Jerusalem, and from Cambodia to Rwanda. Establishing a new arbitration…
…regard to direct or indirect expropriation, the Enron v. Argentina tribunal eventually showed that such a distinction is rather artificial, as “the line separating indirect expropriation from the breach of…
…purpose was to jumpstart Arbitrator Intelligence. The larger aim of Arbitrator Intelligence—to promote transparency, fairness, and accountability in the selection of international arbitrators—is an enormous undertaking. So we had to…
…in Arbitrator Intelligence a “jumpstart project” led by Professor Catherine Rogers, Alex Wiker and Professor Chris Zorn, featured also in the Kluwer Arbitration Blog. Arbitrator Intelligence is supposed to introduce…
…agreement, as doing otherwise would be artificial and could lead to unnecessary complications. Turning to the text of Clause 20, the Supreme Court paid short shrift to the majority arbitrators’…
…we are seeking to amass as many awards as possible so that we can develop research tools for later phases of Arbitrator Intelligence. Contributing Awards The Arbitrator Intelligence site has…
A few weeks ago, the day before the Obama Administration and the EU announced dramatic new sanctions against Russia, an international tribunal announced a $50 billion award against Russia in…
…arbitrators presided, publications, related commentaries and structured feedback from users and counsel. The resource’s new working title—Arbitrator Intelligence—reflects this broader ambition. To initiate Arbitrator Intelligence, we will be launching a…
…[Sub]paragraph (d) of the second clause of Article 93 of the [UAE] Civil Transactions Law provides that ‘an artificial person shall have an independent domicile, where such domicile shall be…
…clearest example of conduct that lacked sufficient connection to the investment, the Tribunal found that whilst the wire-tapping by the Romanian Intelligence Service had been devoid of the necessary threat…
…see how it could be concluded that ‘the fundamental basis of the claim’ was the BIT rather than the Contract. Any other approach strikes us as being so artificial as…
In a recent post, here, I argued that the time has come to move on from the gumshoe clue-hunting approach currently employed to select international arbitrators. Existing practices are severely…
