ISDS: The Brexit Lawsuits the UK Should Be Worried About
It is widely acknowledged that the departure of the UK from the EU, commonly referred to as Brexit, gives rise to multiple legal problems, some of which are bound to…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Diversity Dilemma in Arbitrator Appointments
The results of the 2018 Queen Mary/White & Case International Arbitration Survey were launched on 9 May 2018. The survey explores “The Evolution of International Arbitration”: how international arbitration has…
Third Party Funding in Investment Arbitration: Time to Change Double Standards Employed for Awarding Security for Costs?
…disclosure of the existence of a TP Funder could be a pre-requisite for investment arbitration. The idea has recently been incorporated by the Singapore International Arbitration Centre in Rules 24(1)…
The Contents of Journal of International Arbitration, Volume 35, Issue 4, 2018
…of recent trends, international arbitration is increasingly becoming a procedural venue of choice for BHR disputes. Furthermore, arbitration promises to offer an environment that will both kindle the evolution of…
Domestic Courts, Investment Arbitration, Review of Domestic Court Decisions, State entity, State Responsibility
Investment Arbitrations: Do Tribunals Take the Role of a Supra-National Appellate Court above National Courts?
State Responsibility for State Organ’s Conduct The fact that a state can be held liable for its organs’ conduct is part of a wider notion that sees states as responsible…
Global Lessons in Mandatory and Voluntary ADR Systems
…of justice, efficiency and confidence in courts. These findings are of significance to arbitration practitioners since many of the same issues surrounding voluntary and mandatory access may apply to arbitration…
Reputation Arbitration: Building a Decentralized Reputation System for Arbitrators?
Under arbitration, the parties submit their disputes to an arbitral tribunal (or sole arbitrator) who rules on pre-hearing disputes, conducts the arbitration, and issues a binding award on the parties….
Information about Arbitrators – An Empirical Assessment
…Arbitration Survey: The Evolution of International Arbitration. As its title suggests, the survey sought to assess user perceptions of the evolution of key issues in international arbitration, both by looking…
Environment, Human Rights, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
Human Rights and Environmental Disputes in International Arbitration
…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…
The Choice of Remedies Doctrine – a Jack-In-The-Box?
…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…
Africa, Appeal, Arbitral Award, Court of Appeal, Ethiopia, Final Award, Finality, Finality Clause, judicial review, Uncategorized
The Fate of Finality Clause in Ethiopia
…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…
Efficient Arbitration – Part 3: Winning an Efficient Arbitration
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…
New Model BIT proposed by Ecuador: Is the Cure Worse than the Disease?
…“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…
Interpreting Contracts Under Singapore Law in International Arbitration — The Sequel
…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…
Arbitration, Arbitration Proceedings, Arbitrators, IBA, IBA Guidelines on Conflicts of Interest, Independence and Impartiality
Has Acting as Arbitrator Become a Risky Business?
…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…
Judicial Clarification on Anti-suit Injunctions: The Right Approach?
…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…
Arbitration, Jurisdiction and Culture: Apropos the Rules of Prague
…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…
Arbitration, Costs, Costs in arbitral proceedings, Hungary, International arbitration, UNCITRAL, UNCITRAL Model Law
The 2018 Hungarian Arbitration Act: Implications of the New Setting Aside Provisions
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…
The Future of Investment Arbitration in Europe: AIA Conference, June 2018
…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)….
Efficient Arbitration – Part 2: Launching an Efficient Arbitration
…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…
UAE’s Federal Arbitration Law – Another Missed Opportunity?
…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’)…
True Diversity is Intersectional: Escaping the One-Dimensional Discourse on Arbitrator Diversity
…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…
Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration
A Rollercoaster: The First Half of the Year 2018 for BITs and ISDS
…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…
Art-Related Disputes and ADR Methods: A Good Fit?
…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…