…its principal place of business in New York (“SIS”) (together with Santander, “Santander Parties”). The district court denied both parties’ applications, for the most part. The court held that it…
…Enforceable Title in Romania too, if Signed by Parties’ Lawyers, Constantin-Adi Gavrila explains the recent changes to the Romanian Mediation Law which provide, among many other new provisions, that mediation…
…of the legal fees and arbitration costs. For example, in unlawful expropriations such as OI European and Saint Gobain, the tribunal determined that the respondent shall pay for part of…
…under the UNCITRAL Rules with Johannesburg as the seat of arbitration. Vedanta, therefore, filed for arbitration against the ZCCM. Vedanta also successfully obtained an ex parteorder in the High Court…
…of Brazil’s new law is the possibility of submitting disputes related to expropriations to mediation and arbitration, according to Brazil’s mediation Statute and arbitration Statute. This legislative innovation is welcome…
…Proposals for the ICSID Arbitration Rules Amendments in late August 2019 (“WP3”). It is safe to say that the revisions of the ICSID Rules arrive at a critical moment. Practitioners,…
…new ARIAS-US Panel Rules for the Resolution of Insurance and Contract Disputes went into effect (the “Insurance Rules”) (See P. Halprin, Introducing the ARIAS-US Panel Rules for the Resolution of…
…limited to the conduct of arbitration proceedings once a tribunal has been constituted. Put differently, Delos took a holistic view of arbitration by ensuring that the incentives and disincentives of…
The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘New York Convention’) stipulates in Article III that enforcement of foreign arbitral awards should not be subject…
…of how arbitration could be used to transform conflicts arising from climate change. According to the socio-legal scholars Felstiner/Abel/Sarat,1)Law & Society Review Vol. 15, No. 3/4, Special Issue on Dispute…
…Centre for Arbitration, the International Chamber of Arbitration and the Sudanese Centre for Conciliation & Arbitration. Ghana also hosts three: the Ghana Arbitration Centre, the Ghana Association of Certified Mediators…
Italy’s leading arbitral institution, the Milan Chamber of Arbitration (“CAM”), issued its new rules (“CAM Rules”) on 1 March 2019. The new rules, superseding the previous CAM Rules of 2010…
…the South African government “may consent to international arbitration” but “[s]uch arbitration will be conducted between [South Africa] and the home state of the applicable investor”. ISDS remains a viable…
…Yugoslavia. ↑4 See G. Carducci, 2012. “The Arbitration Reform in France: Domestic and International Arbitration Law”. Arbitration International, 28(1), pp.125-158. ↑5 G. Born, 2014. International Commercial Arbitration. Kluwer Law International:…
…In the context of international commercial arbitration, the issue nevertheless has been whether a private arbitral tribunal or the parties to such an arbitration have standing to make a §…
…law to apply and both sides had New York lawyers representing them. The differences in legal understanding and approach between my civil law trained co-arbitrators and me unnecessarily prolonged the…
…such as the Cairo Regional Centre for International Commercial Arbitration, the Mauritius International Arbitration Centre and the Kigali International Arbitration Center, many in Africa believe that the continued exclusion of…
…to regulate the “arbitration agreement”. This legislative milestone has been mostly welcomed by the arbitral community, although some of its provisions have been subject to criticism. Article 1651 of the…
…arbitration agreement by way of agency or conduct, but have not signed it, would be able to evade arbitration. By the same token, a signatory to an arbitration agreement, such…
…new facts ought to lead to the creation or development of a new legal category, or fall under a new exemption to a rule already created by the English courts….
…action and announced that they had entered into an Interim Appeal Arbitration Arrangement (the “Agreement”). In so doing, both countries reaffirmed their commitment to a rules-based international system supported by…
…for arbitration in Shanghai, which will be conducted in accordance with its Arbitration Rules […]”. The defendants commenced arbitration against the plaintiff pursuant to Article 14.2 and in accordance with…
…should they dispute disciplinary measures instituted against them. But its Provisional Arbitration Rules say: (i) arbitration proceedings are only to be conducted by a sole arbitrator; (ii) the Director-General shall…
…Arbitration and Conciliation Act 1996 (“Arbitration Act”), the award shall be deemed to be a decree of that court.3)Arbitration and Conciliation Act 1996, s 49. Similarly, domestic awards are executable…
