…system,2) See, (i) the new generation of IIAs, in particular the FTAs signed by the EU, but also the new models of BITs; (ii) the amendment process of the ICSID…
…anti-arbitration. It was reasoned that since the arbitration rules seek to protect award debtors from unjustified awards, a successful challenge to an award is not anti–arbitration because it is a…
…CDE’s defenses and counterclaims. The governing law was Ethiopian while arbitration was conducted under the Procedural Rules on Conciliation and Arbitration of Contracts Financed by the European Development Fund (“EDF…
Following up on Efficient Arbitration – Part 2: Launching an Efficient Arbitration, where we addressed efficiency tools available at the early stages, we now provide an overview of options to…
…“arbitration mechanisms in regional proceedings in Latin America” or to arbitration centers of the host State, under the premise that the “place of arbitration is a Latin American country agreed…
…Does the court apply national rules of evidence, or does the court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny…
…legal entity, any legal or physical person having a controlling influence on the legal entity, or a direct economic interest in, or a duty to indemnify a party for, the…
…were alleged to be brought in breach of a London arbitration clause. The application raised the following legal issues in relation to anti-suit injunctions in the arbitration context. Do Courts…
…matter where the arbitrators come from. Arbitration is the cosmopolis for Justice, English became its mother tongue and its terms the new legal Esperanto; Arbitration is the new level playing…
On 17 May 2018, the Central European University and Jeantet co-organized a conference to discuss the new Hungarian Arbitration Act (the “New Act”), following the first months of its entry…
…June 2018 in Brussels by arbitration and public international law specialists during the aptly-titled conference “The Future of Investment Arbitration in Europe”, organized by the Association for International Arbitration (AIA)….
…the efficient conduct of the arbitration. Designing the Arbitration The early stages of the proceedings lend themselves to designing the most efficient arbitration for the particular case. Parties may agree…
…257 is also likely to create confusion in arbitration governed by other rules. For example, General Standard 4 of the IBA Guidelines on Conflicts of Interest in International Arbitration (‘Guidelines’)…
…may be useful to conduct interviews with arbitration lawyers of diverse backgrounds to identify the key obstacles they encounter in traversing the international arbitration cursus honorum. Second, on the basis…
…so-called “disconnection clause”, whereby the ISDS provisions would be declared inapplicable for intra-EU ECT disputes. Speaking of reforms, another interesting development is the recently published new Dutch draft model of…
…the language preferred, letting them save time and money. For instance, in accordance to the New York Convention, arbitration offers the advantage of an arbitral award that can be internationally…
…recently, the 2018 International Arbitration Survey conducted by the School of International Arbitration, Queen Mary University of London, in partnership with White & Case, reported: “In particular, is there any…
…really differ from the IBA Rules and whether the former are actually capable of delivering a satisfactory result in terms of arbitration efficiency. Prague Rules and IBA Rules: not that…
…evidence? How do the Prague Rules differ from the IBA Rules? Are the Prague Rules capable of delivering a better result than the IBA Rules in terms of arbitration efficiency?…
… Interim Measures in Assistance of Foreign Arbitration Misunderstanding: Parties to foreign arbitration proceedings may apply to the Courts for interim measures. Clarification: This misunderstanding stems from Article 14…
…new members. In the past, it has blocked the appointment of certain members who it alleges have indulged in judicial activism. USA argues that the Appellate Body creates new rights…
…Balance on International Arbitration Tribunals, 28 Arbitration INTERNATIONAL 653, 661 at n. 42 (2012). but then they fail to inquire further what exactly that means. Let’s consider a few possible…
…temporary safeguard measures in case of exceptional balance-of-payments difficulties. Adriana San Román (Wöss & Partners) compared the measure of damages between commercial arbitration and investment arbitration using as examples prominent…
…the CJEU held that the provision for investor-state arbitration in the BIT was contrary to Articles 344 and 267 of the TFEU. It found that the investor-state arbitration mechanism threatened…
