…no doubt be welcomed by both the local and international arbitration profession as an indicator of the UAE’s commitment to serving users of arbitration as an investor-friendly and arbitration-experienced seat….
…Practicalities of Cross-Cultural Arbitration, in Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends 79. The challenge in international arbitration is to satisfy both expectations: Obtaining the disclosure…
…adopted the expression “arbitration convention” (“convenção de arbitragem”) as a general term to refer to its two different species: arbitration clause (“cláusula compromissória”) and arbitration agreement (“compromisso arbitral”). These two…
…New Arbitration Law, based on the UNCITRAL Model Law, by Royal Decree No. M/34 of 16 April 2012 concerning the approval of the Law of Arbitration (the “Arbitration Law”), which…
…York, administered by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and governed by New York law. Iconix commenced arbitration according to this provision. The arbitration clause…
…arbitrator. That is why for almost a decade I have been raising in my publications, both on international commercial arbitration and investment arbitration, various criteria to clear doubts about such…
…advantages of arbitration over litigation were typically forthright. Perhaps jaundiced by the glacial passage of the litigation reforms that bear his name, Sir Rupert declared that arbitration is ‘head and…
…this 2006 award, World Duty Free commenced arbitration again in 2008 (against the Kenya Airports Authority (”KAA”)) for alleged breaches of contracts entered into pursuant to the same 1989 lease…
…a dynamic global discussion about the gender imbalance in arbitrator appointments and arbitration practice. Through these efforts, AW and its members have helped identify the myriad causes for the gender…
…Commercial Arbitration (2nd edition, Kluwer Law International 2014), 6–224, at 93-97; Queen Mary University London, 2015 International Arbitration Survey: Improvements and Innovations in Arbitration. and has even penetrated fields of…
…relating to bonus, quality and penalty payments arose in 1999 between Coal India and White Industries. The latter commenced arbitration under the ICC Arbitration Rules and secured an award in…
…without having any significant impact on existing Swedish practice. The term “seat” of an arbitration replaces the term “place” of arbitration to ensure the legal distinction between the legal seat…
…of arbitration as a dispute resolution mechanism. Several characteristics of arbitration were discussed. First, he noted that as compared to courts where judges are appointed according to established mechanisms, arbitral…
…Robert’s statement that arbitration was conceived as a profession of gentlemen made for gentlemen. And this persists today when we think of arbitration values and its underlying values of justice….
…with the strict requirement of gazetting. Unfortunately, neither the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendment”) nor the proposed Arbitration and Conciliation (Amendment) Bill, 2018 deal with this provision….
…when looking at an aggregate of DRD’s international commercial arbitration case data (which, as of November 2018, includes approximately 4,000 arbitration and mediation cases, dating back to 2005), the most…
…our overviews here and here. The arbitration clause in question provided that the disputes shall be finally “resolved in international arbitration“ in accordance with the ICC Arbitration Rules. The Moscow…
…decisions reinforce India’s progressive approach to binding non-signatories to arbitration agreements and awards, and to arbitration in general, and also reflect the commercially pragmatic and pro-arbitration attitude of Indian courts….
…structured? CAJAC was designed to make use of existing arbitral institutions. The Shanghai International Arbitration Centre (SHIAC) and the Arbitration Foundation of Southern Africa were the first two centres entrusted…
…However, the risks of failing to implement adequate cybersecurity practices, in particular in arbitration, are not new.3) We have seen the impact of cyberhacks in arbitration already, with documents obtained…
…the designation of AI by the Supreme Court (for international commercial arbitration) and the High Courts (for domestic arbitration). The Bill then provides that, in the absence of an agreed…
…Banks from the sale of the shares during the financial crisis. As a result, Santander commenced arbitration under the arbitration agreement in the Loan Agreement before the CAM/CCBC against Parapanema…
…international arbitration and domestic arbitration. The UAE Arbitration Law applies to both domestic and international arbitration proceedings, and expressly distinguishes between the two. Secondly, the UAE Arbitration Law requires that…
Background The Indian Arbitration and Conciliation Act, 1996 (“Act”) provides, in Section 37(2)(b), for an ‘appeal’ from an arbitral tribunal’s order on interim/provisional measures (“interim order”). It, however, does not…
