…public administration could engage in arbitration. Ever since, Brazilian states have enacted rules concerning the drafting of arbitration agreements by the public administration, its representation during the procedure, the appointment…
…‘off the shelf’ when initiating an arbitration procedure. This formulation of procedural rules combines the need for party autonomy of WTO Members engaged in an arbitration procedure with the need…
…arbitration community an interesting development pertaining to arbitration of antitrust disputes. We normally think of the nexus between arbitration and antitrust in the context of a private arbitration that includes…
…in the arbitration agreement violated Article 17 of the Arbitration Law, including 17(1): “matters outside the legally mandated scope of arbitration”. The matters identified include: registered capital increase and subscription…
…to use international arbitration in human rights-related disputes through the creation of a new set of Arbitration Rules (the “Hague Rules“), adaptable to the peculiarities of disputes concerning human rights…
…concerning this issue.2)See e.g. Section 48 of the Swedish Arbitration Act and Article 16.4 of the LCIA Rules. In Portugal, Law 63/2011 established the new legal framework for voluntary arbitration…
…interpretation of the 1958 New York Convention. 2011. International Council for Commercial Arbitration. 75. Hungarian courts did not grant the recognition where the arbitration agreement was missing, or in cases…
…in the field of International Arbitration? Recognize that the world of international arbitration is much bigger on the inside. Arbitration is a form of dispute resolution with its own unique…
…in arbitration.6)Jeffrey Waincymer, Procedure and Evidence in International Arbitration at page 917, fn 99 (“The rule [in Browne v Dunn] itself does not apply in arbitration…”). In addition, the rules…
…GDPR Perspective? In order to precisely identify the roles and the related responsibilities of the key players in arbitration, one must carefully apply the GDPR rules to the underlying legal…
…Council stated its goal to align with international dispute resolution rules, improve the arbitration rules of the Shanghai FTZ, and strengthen the internationalisation of commercial arbitration in mainland China. With…
…if arbitration under Public Sector Law is equal to voluntary arbitrations,2)Voluntary Arbitration or Regular Arbitration is meant to be arbitration that is subject to Arbitration Law No. 27 of 1994….
…and Trade Arbitration Commission for arbitration in accordance with the American arbitration rules. The arbitral award shall be final and binding on both parties”. Disputes arose between the two parties…
…to arbitration at the LCIA. The anticipated LCIA rule change providing for some form of summary dismissal procedure may also encourage financial institutions to include LCIA arbitration in their contracts,…
…world intervened in the Working Group that drafted these Principles. When dealing with applicable law in arbitration, the Guide focuses in particular on the 1958 New York Convention, and the…
…both the law of securities and of arbitration on the matter in order to ascertain the viability of mandatory shareholder arbitration in India. India’s Arbitration Law – The Arbitration and…
…and enforceable clause. Arbitration and mediation: Frenemies in mutualistic competition The second reason why arbitration practitioners need not panic just yet is that arbitration and mediation are not true…
…rules. The users of international arbitration complain that international arbitration has become complex, overtly procedural, time-consuming and expensive. They lament that it has become what it sought to address. While…
…for investment disputes. Although the idea of an advisory centre is not entirely new,1)See e.g. the Advisory Centre on WTO Law; the UNASUR advisory centre project; and the ASEAN Forum…
…Joint Task Force on Data Protection in International Arbitration Proceedings. The task force is developing much-needed guidance to assist arbitration professionals with their data protection obligations during arbitration proceedings, which…
…the latest precedents issued by the judicial authorities on the matter reveal a pro-arbitration tendency, which is undoubtedly a promising sign for the arbitration scene in Central America and Mexico….
…NYC, an arbitration agreement must be in writing, either in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams (or…
…foreign-seated arbitration. The incorporation of litigation/arbitration in London was therefore invalid. After concluding that the arbitration agreement was invalid, the Court then looked at the Provisions of the Supreme People’s…
…ICC recently released updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration, effective 1 January 2019 in which it…
