…to the often-corrupt Peruvian courts, a (relatively) new Peruvian law requires that all disputes arising under State contracts be submitted to arbitration.2) Article 45.1, Legislative Decree N° 1341 amending the…
…the Kluwer Arbitration Blog (See e.g., articles authored by Florian Stefan, Clement Fouchard and Marc Krestin, and Vivek Kapoor). This is not surprising. The CJEU held that the arbitration clause…
…bring new wording to old traditional clauses inserted into BITs (such as National Treatment, Most-favored-nation Treatment, and Expropriation), introduce new safeguard clauses to regulate investments and investors’ behavior (as corporate…
…pave the way for frivolous challenges and generate delays. The rules governing domestic arbitration pursuant to the existing instruments Although Argentina’s new Arbitration Act establishes a new framework for international…
…There has been a significant volume of new entrants at all levels of an emerging (and profitable) niche of the legal market (here). The new entrants naturally have different levels…
…proceedings. Such rules remain applicable to local arbitration proceedings due to the dualistic nature of the Chilean arbitration system: on the one hand, domestic arbitration governed by general rules and,…
…publicity in arbitration involving State entities, and the experience of CAMARB in this respect. He also talked about the new CAMARB Arbitration Rules (2017) with provisions on publicity and transparency…
…and a significant number of national legal decisions (e.g., P. Dumberry, “State of Confusion: The Doctrine of “Clean Hands” In Investment Arbitration after the Yukos Award“, 17 Journal of World…
…parties once the arbitration begins. Early document review can also help spot privileged and confidential documents that a party can withhold in the upcoming arbitration. Again, engaging outside counsel to…
…a stay of the arbitration proceedings, which can include the conduct of the other party in relation to the arbitral proceedings. However, costs incurred in potentially useless arbitration proceedings would…
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such ‘non-participating’ respondents, what…
…foremost choices are Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC). 3)See e.g. Joe Liu (Hong Kong International Arbitration Centre), The Use of Arbitration for…
…negative perceptions surrounding arbitration as a dispute resolution mechanism, such as its supposed lack of speed, and correspondingly, its putatively high cost. Certainly, international commercial arbitration cases involve numerous variables…
This is one of a series construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City. Arbitration can be classified as follows:…
…practice in international commercial arbitration and arbitration rules from various arbitration institutions such as ICC, SCC, ACICA and HKIAC: (i) whether the request of arbitration had a reasonable possibility to…
…a short period of time. One example is the ICC Dispute Board Rules, where arbitration clauses have been particularly designed to envisage this two-tier adjudication, as complemented by friendly arbitration…
…contract signed by both parties. (2) The Seat of Arbitration: Parties to smart contracts should prioritize their choice of the seat of arbitration. In essence, a seat of arbitration underpins…
…potential arbitral dispute in a seat such as New York City, Singapore, or Hong Kong. The Response From California’s International Arbitration Community The international arbitration community in California responded with…
…the New York Convention. In response, HEPI argued that Article VI did not apply because India had brought proceedings in India rather than Malaysia, the seat of the arbitration. The…
…legal advice on the applicability and enforceability of smart contracts based on the legal framework of each participating jurisdiction will be required beforehand. In this regard, we can identify at…
…to grant interim relief measures pursuant to the following provisions under PRC law: Article 28 of the PRC Arbitration Law (hereinafter “Arbitration Law”) provides that: “[a] party may apply for…
…Arbitration Amendment Act 2010 (Cth)). In other words, parties had to expressly agree that the confidentiality provisions of the IAA applied to their arbitration. The legislature did not consider that…
…118/2017-, which explicitly set forth that disputes arisen from the agreements executed under them may be submitted to arbitration. Furthermore, the new favorable trend for arbitration has been expressly…
…its parties. Legal Challenges Related To Smart Contracts Smart contracts raise numerous enthralling legal challenges. This section will try to shed light upon some of these legal challenges as follows:…
