The (Final?) Death of Intra-EU Investor-State Arbitration
…head off its zombie corpse, then the Declaration of the Representatives of the Governments of the Member States of 15 January 2019 on the legal consequences of the Judgment of…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
2018 In Review: Blockchain Technology and Arbitration
…to reshape the arbitration process. Where to Start when Thinking about the Use of Blockchain in Arbitration? A starting point in an arbitration-blockchain discussion inevitably begins with defining, and more…
Can an Arbitral Tribunal Admit Evidence Obtained through a Cyber-Attack?
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
Back to the Future: Young Voices Reflect on How the Past Year in International Arbitration Will Inform Upcoming Years at CIArb, YMG and Young ITA Event
…few days before the event, of the Rules on the Efficient Conduct of Proceedings in International Arbitration (also referred to as the Prague Rules) and developments in the use of…
Arbitration Agreement, Costs in arbitral proceedings, Expedited arbitration, Final Offer Arbitration, Procedure, Reasoned Awards
“Final-Offer Arbitration”: A Procedure to Save Time and Money?
This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the…
The Contents of the ASA Bulletin, Volume 36, Issue 4 (December 2018)
…by the Regulation of the CCJA on Arbitration and the Uniform Act on Arbitration. Sami TANNOUS, Matei PURICE, Mohamed KHANATY, The New UAE Federal Arbitration Law: Was it Worth the…
2018 In Review, Astana International Financial Centre, Central Asia, China, Commercial Courts, Enforcement, HK Arbitration Week, HKIAC, HKIAC Rules, Mediation, Singapore, Singapore Mediation Convention, Third party funding
2018 in Review: A View from PR China, Hong Kong, and Central Asia
…their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre (“HKIAC“) introduced its new Administered…
Are Arbitral Anti-Suit Injunctions Enforceable before Egyptian Courts?
…final; The interim order is issued based on a valid arbitration agreement; Both parties were offered the opportunity to present their case in the arbitration; and The interim order does…
Schein, Inc. v. Archer & White Sales, Inc.: Upholding Principles of Arbitration, but Leaving Open Question Regarding Competence-Competence in Arbitral Rules as “Clear and Unmistakable” Evidence that Parties Agreed to Arbitrate Arbitrability
…for binding arbitration “in accordance with the arbitration rules of the American Arbitration Association.” Rule 6 of the Commercial Arbitration Rules of the AAA has a competence-competence provision, stating the…
Corruption, ICSID Arbitration, Investment, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration
The Corruption Defense: Practical Considerations for Claimants
…the process can become a vicious circle: arbitration leads to a criminal probe, which can in turn reinforce defenses in the arbitration, and even launch new civil actions against the…
2018 In Review, Arbitration, Australia, Investment Arbitration, Investment Treaties, ISDS, ISDS Reform, New Zealand
2018 in Review: Australia and New Zealand
Last year was a busy one for arbitration practitioners in Australia and New Zealand, and 2019 looks set to be even busier. In 2018, both countries initiated a range of…
Recent Investor-State Arbitration Trends in the Middle East: #YoungITATalks in Dubai
…investment arbitration and inter-State arbitration in the Middle East. The second panel, chaired by Lara Hammoud (Senior Legal Counsel at Abu Dhabi National Oil Company), and composed of Emily Beirne…
Here Comes the Revolution? Here Comes the Revolution! Provisional Measures Under the New Proposed ICSID Arbitration Rules: Where Are We Heading Now?
…considered as one of them. In light of the proposal for new ICSID Arbitration Rules, a discussion about the use of provisional measures in the context of ICSID-based arbitration, under…
UAE as Friendly Hub for Arbitration Again
…for arbitration and foster international confidence in UAE seated arbitration. It allows practitioners and arbitrators to breathe at ease and act in a more predictable environment, knowing that criminal liability…
A Teaching Session for the Efficient Management of Technical Evidence in International Arbitration
…of Evidence and most arbitration rules. Another approach is for the experts retained by the parties to provide that explanation and training directly to the tribunal, so that they do…
2018 In Review: A Tug of War for International Arbitration in Africa
…a party to arbitration; and arbitration can be initiated on the basis of an arbitration agreement or an investment related instrument including an investment code or a bilateral or multilateral…
2018 In Review, Achmea, Europe, European Commission, International Investment Arbitration, Intra-EU BITs, Investment, Investment Arbitration, Investment protection, ISDS Reform
2018 In Review: The Achmea Decision and Its Reverberations in the World of Arbitration
…is the basis for a significant number of arbitration proceedings? How does Achmea sit with ICSID arbitration, as the ICSID system is based on a multilateral treaty? Should there be…
Can’t Knock the Hustle … [To Broaden Diversity in Arbitration]
…restraining order to halt Iconix from pursuing claims in arbitration; (ii) a preliminary injunction staying arbitration for a period of ninety days for the parties to find suitable African-American arbitrator…
Belt Road Initiative, BIT, China, Investment agreements, Investment Arbitration, Investment Treaties, Investor-State arbitration, ISDS, ISDS Reform
Belt and Road Initiative: Joint Interpretation Mechanism in Investment Agreements
…the new generation of IIAs. Currently, at least six Chinese IIAs, namely the treaties concluded with Canada, Australia, Uzbekistan, Cuba, New Zealand, and Tanzania, have officially adopted the mechanism aiming…
Does Final Mean Final? Arbitrators Can “Clarify” Award, Second Circuit Holds
…agreement that gave rise to arbitration. In doing so, the court noted that the exception is necessary to further “the twin objectives of arbitration: settling disputes efficiently and avoiding long…
Arbitration X Technology: A Call For Awakening?
…The conference was opened by Sophie Nappert, on the topic of artificial intelligence (AI) and arbitration. She highlighted that “technology is not a new partner of arbitration”, but now is…
Hungary Gives the Green Light for the Conclusion of a Termination Agreement for Intra-EU BITs
…Arbitration?, Kluwer Arbitration Blog, 11 August 2018. In light of Achmea and the Commission’s Communication, which considers states that EU law provides for adequate and sufficient protection for cross-border EU…
Expedited Procedure under the 2017 ICC Rules: Does the ICC’s Priority for Efficiency and Cost Effectiveness Come at the Expense of the Parties’ Rights?
Article 30 of the 2017 ICC Rules of Arbitration, along with Appendix VI, constitute the Expedited Procedure Provisions (“Provisions”). These new provisions are among the most notable innovations of the…
The Nature of Pre-Arbitration Procedural Requirements in Pakistan: Mandatory or Optional?
…provided that either party could refer the dispute to arbitration under Pakistan’s primary arbitration legislation, the Arbitration Act, 1940 (the “Arbitration Act”). Section 20 of the Arbitration Act provides for…