…the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) 1958 has two grounds for non-recognition that may be relevant: (i) nullity of the arbitration agreement (Article V(1)(a)), or…
…Transparency in Treaty-based Investor-State Arbitration (the “Transparency Rules”) were thought to hold the potential to blaze a trail towards ISDS transparency and the UN Convention on Transparency in Treaty-based Investor-State…
…as a new legal profession by the 2011 Enforcement and Security Act. The most important reasons for its adoption are: low efficiency in enforcement procedures,6)The European Court of Human Rights…
…the House of Representatives, must go beyond ‘implied’ recognition of TPF and include express provisions to make TPF for Arbitration in Nigeria accord with best practices. Recent Move towards…
…under UAE Arbitration Chapter in combination with a leading set of arbitration rules, whether e.g. the local DIAC Rules, the ICC Rules or the free zone DIFC-LCIA Rules. In this…
…contained a pathological arbitration clause, in that the clause referred all future disputes to arbitration under the rules of a non-existing arbitration institution: the Conciliation and Arbitration Centre of the…
…s69 Arbitration Act 1996 is meeting users’ needs? Arbitration Act 1996, s69 Section 69 of the Arbitration Act 1996 (AA 1996, s 69) is a non-mandatory section which provides that…
…is the way in which procedural rules and legal devices (e.g. discovery tools and burden-of-proof rules) steer the legal process in a certain direction, and therefore also outcomes and behavior….
…International Arbitration Act; the OHADA Council of Ministers adopted three new texts on arbitration and mediation; and the Nigerian Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill 2017 was passed…
…tribunal. Deference should then apply both as to possible applicable laws and possible evidence. The court would effectively only conclude that an arbitration agreement is “null and void, inoperative or…
…arbitration has commenced or is only proposed. is not limited by any particular domestic court’s conflict rules. In many cases, a tribunal is not even bound to apply any national…
…relate to the conduct of the arbitration and, in some instances, seek professional assessments. As a consequence, Phase II should be completed by an attorney or party who actively participated…
…Toward Establishment of 21st-Century International Investment Rules –, 15 December 2015, https://www.keidanren.or.jp/en/policy/2015/119.html. It is true that Japanese companies tend to shy away from using arbitration – either commercial or…
…of the 2007 and the 2010 SCC Rules, Art. 16 and 17 of the 2013 HKIAC Rules and Art. 17 of the 2013 SIAC Rules). Assuming that the 28-day limit…
…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 award to…
…– which are registered with the Permanent Court of Arbitration (PCA) and being conducted under the UNCITRAL Arbitration Rules 1976 (UNCITRAL Rules) – the Ukrainian claimants contend that the Russian…
…are a number of policy considerations which point against the recoverability of the full costs of TPF. The authors recommend modifications to institutional arbitration rules and national arbitration laws to…
In a recent case, the Swiss Federal Tribunal (“SFT”) has once again been called to consider the question of independence of the Court of Arbitration for Sport (“CAS”) vis-à-vis its…
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…
…effective on 1 January 2017 (Article 39(1)). In contrast, the LCIA Rules, the ICC Rules, the ICDR Rules and the UNCITRAL Rules constitute examples of arbitration rules that do not…
…the Singapore International Arbitration Centre (SIAC) could fill the gap by amending its arbitration rules.22) SIAC Arbitration Rules 2016, Article 27(f). Although this would not apply to the same universe…
…Arbitration,” in Enforcing Arbitration Awards under the New York Convention – Experience and Prospects, 1 (United Nations 1999). ↑4 Michael Mustill, Arbitration: History and Background, 6 J.Intl. Arb. 43 (1989)….
…of decades, international arbitration has evolved. As pointed out by Adekoya,2) F. Adekoya, SAN, ‘Is International Arbitration Truly International – The Role of Diversity’ [2018] TDM. a notable increase of…
…of procedures, substantive rules, chances of success, remedies and enforcement mechanisms. To make sure you do not miss out on regular updates on the Kluwer Arbitration Blog, please subscribe here….
