…Case No. 2016-39), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). A decision on interpretation and correction of the award followed on 6…
One of the proposed changes to the English Arbitration Act 1996 (the “Act”) introduced in the Arbitration Bill is an express power for tribunals to make an award on a…
…a Section 68 challenge, reflects on arbitration as an alternative dispute resolution method, and outlines some practical considerations for arbitration users. The Section 68 Challenge Section 68 is one…
…the history of the arbitration exclusion, reflecting the CJEU’s growing mistrust towards arbitration. This has left a mark on the arbitration landscape within the European Union that has earned criticism…
…and ICSID Arbitration Rules. Article 26 of the ICSID Convention provides that “consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such…
…Series. The arbitrators dealt with a broad range of issues, including the application of the CISG and of the UNIDROIT Principles, principles of contractual interpretation, the extension of arbitration clauses…
…Envisaged 2022 NAI Arbitration Rules, 9 November 2021). The rules on expedited arbitration apply when: (i) the arbitration agreement(s) providing for arbitration under the auspices of the NAI or in…
…adversarial system of litigation and arbitration in English law.” The decision has important implications for arbitration. This article considers, in light of Tui, the scope of application of the rule…
…equitable relief as it was separable from the merits of the arbitration. This is consistent with Sperry Intern. Trade Inc., v. Gov’t of Israel, 532 F. Supp. 901 (S.D.N.Y. 1982)…
…means of dispute resolution among international parties. To foster a more efficient arbitration system in the Kingdom, the Saudi Center for Commercial Arbitration (“SCCA”) issued new Arbitration Rules (“Arbitration Rules”),…
On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil…
…domestic arbitration, the field of international arbitration is no stranger to the use of interpreters, especially as English has increasingly become the lingua franca of both arbitration and international business….
…to improve their arbitration offering and rise in popularity as arbitration jurisdictions. 2023 was no exception: several states in Europe, including some EU Member States, either passed new arbitration laws…
…determination, adjudication, and arbitration. Acceleration can be achieved in a variety of ways: by changing the design or specification of permanent and/or temporary works, altering methods of working, re-sequencing work,…
…Authority The UN Report asserts that some states have refrained from taking bold climate action due to “perceived or actual threats of ISDS arbitration.” (UN Report, ¶¶ 49-50) At the…
…India’s pro-arbitration stance by the judiciary across India courts by highlighting historic and recent decisions. Indeed, a specialised arbitration bar is vital to promote India as an arbitration hub. In…
…reassure both local and foreign investors. The Arbitration Law of 2012 (“Arbitration Law”), inspired by and modeled after the UNCITRAL Model Law On International Commercial Arbitration, was crafted to offer…
…despite having a thriving domestic arbitration market, investor-state arbitration is “off the table”, Nilo Sergio Santos recounted. International commercial arbitration is restricted by public law forbidding the adoption of foreign…
…Determine that an Arbitration Agreement Exists. First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining…
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated…
…award is found in Article 41(3) of the Federal Arbitration Law No. 6 of 2018 (“Arbitration Law”), which states that the arbitrators should sign the award. A simple reading of…
…who is not party to arbitration agreement requires his consent and the consent of all parties to arbitration . Severability of arbitration clauses The Saudi Arbitration Law provides the principles…
…hatting should be held permissible to preserve party autonomy by eliminating the risk of conflict of interest through imposing substantial disclosure requirements.” Invoking the existing disclosure obligations in arbitration practice,…
…court, any common rules in a BIT on ISDS by international arbitration would cease to apply. This reflects the EU’s position towards investor-State arbitration. This has been the subject of…
