…codify pro-state interpretations of debated questions in investment arbitration. Some of these provisions are familiar. For example, Article 14.1 requires an investment to satisfy the Salini criteria in order to…
…law. The concept of attribution lends itself to a number of uses specific to the substantive and procedural framework of investor-State arbitration, which do not necessarily turn on the legality…
…new Arbitration Act The recently enacted Arbitration Act has come to solve most of these difficulties for international commercial arbitration. The Arbitration Act’s scope is limited to international arbitration. According…
…judicial and non-judicial precedents”.1) Guilherme Rizzo Amaral, Judicial Precedent and Arbitration: Are Arbitrators Bound by Judicial Precedent? 2nd ed, Wildy, Simmonds and Hill Publishing. The precedent differs from the decision…
…short indication in its article 188 (2) (c): In the absence of a provision in the contract on the arbitration procedure to be applied in the dispute, the arbitration shall…
…to enforcement. Appointing the tribunal In the 2018 Queen Mary International Arbitration Survey: The Evolution of International Arbitration, 39% of survey participants placed the ability of parties to select their…
…at the cost of ad hoc arbitration (“ad hoc”). This is an important arbitration policy deviation because until now the arbitration law has been IA agnostic. Being an important deviation,…
…some normativity. ‘Soft laws’ cover various arbitration topics, ranging from arbitration law harmonisation, arbitration evidence, arbitration ethics and arbitration management skills to the latest arbitration developments. The history of arbitration,…
…2019 survey considers the issue of cybersecurity in arbitration. Electronic documents and other information are introduced into international arbitration proceedings in vast quantities. Are participants in the arbitration process sufficiently…
Are litigation, arbitration and mediation competitive, collaborative or cooperative? Is litigation becoming an “alternative” to “alternative dispute resolution”, especially keeping arbitration on top of its game? Are mixed processes or…
In August 2017, the Hong Kong International Arbitration Centre (“HKIAC”) launched a rules revision process to consider amendments to the 2013 HKIAC Administered Arbitration Rules (“2013 Rules”), having regard to…
…the arbitration agreement with those of the arbitration agreement itself, in order to avoid the unwanted situation where the contract was validly concluded whereas the arbitration agreement was not. However,…
…skilled African arbitration practitioners, and enquiries about the place of the African arbitration practitioner in the global arbitration arena, were some of the reasons that necessitated the survey. This survey…
…arbitration, international commercial arbitration, and public international law. She acts for clients across a broad spectrum of sectors, including investment, oil and gas, energy, construction, pharmaceutical, and automotive. Nora operates…
The authors write this contribution strictly in their own name. Most arbitration laws require parties to identify in their arbitration agreement the “defined legal relationship” for which they wish to…
…recourse to arbitration and must pursue its claim through the national courts, unless the investor’s home State wishes to bring the claim itself. Otherwise, arbitration only remains an option for…
…region in which the arbitration took place, or perhaps to other, even narrower data segments extracted from the spectrum of international commercial arbitration. More specific criteria will, necessarily, reduce the…
…arbitration. Of equal interest, but much less in the spotlight, is what arbitration can do for blockchain. In particular, we submit that within the next few years, blockchain technology and…
…for the selection of the applicable law in arbitration. Far from being the useless, arbitration-hostile cage from which arbitration should seek to liberate itself, conflict of laws rules are a…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for North America, covering Canada and USA. The Assistant Editor…
…Conciliation (Amendment) Act, 2015 (“Amendment Act”) to pending arbitration and court proceedings commenced under the Arbitration and Conciliation Act, 1996 (“1996 Act”). The Court held the following: Subject to party…
…in international arbitration. Nonetheless, recent regulations have popularized the concept and the debate about transparency in investment arbitration shows little sign of fading. Investment arbitration has moved from being a…
…international arbitration and the PRC legal system and process. This article outlines practical considerations for preparing Mandarin-speaking witness evidence and conducting cross-examination in international arbitration. Mandarin-speaking witnesses will also find…
…Arbitration Clause: A Comparative Analysis, 20 American Rev. Int. A. 391, 401 (2009). However, courts rejecting the validity of unilateral arbitration agreements based on lack of mutuality seemingly adopt this…
