…an arbitration agreement to stay court proceedings in favour of arbitration. It requires an issue referable to arbitration “under an agreement”, and an agreement can only be invoked by those…
…Section 34(5)2) Section 34 (5) of the Arbitration Act (inserted vide Section 18 of the Arbitration and Conciliation (Amendment) Act, 2015) states as follows: An application under this section shall…
…in International Commercial Arbitration”. This blog posting explains its key contents, identifying both convincing and unconvincing aspects. Our later blog posting will compare Japan as another Asia-Pacific jurisdiction that is…
…a single Request for Arbitration or (ii) in separate Requests of Arbitration and later consolidated.3) In comparison, see Rule 6 of the SIAC Rules 2016, which is more detailed. Independence…
…for ordering security for costs where a claimant-investor in an investment treaty arbitration receives third party funding. This touches upon an issue for which investment treaty arbitration has struggled to…
…another very strong pro-arbitration stance in a challenge under s.68 of the Arbitration Act 1996 (“the 1996 Act”) (serious irregularity). As the ground for serious irregularity in this LCIA case…
…characteristics of Swedish arbitration law. References[+] References ↑1 See Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law Library, Volume 35 (Kluwer Law…
…to arbitration”. Another recent Peruvian law expressly permits the appointment of foreign arbitrators in domestic arbitration.3) Article 1, Legislative Decree N° 1231 amending article 20 of the Legislative Decree N°…
…the Kluwer Arbitration Blog (See e.g., articles authored by Florian Stefan, Clement Fouchard and Marc Krestin, and Vivek Kapoor). This is not surprising. The CJEU held that the arbitration clause…
…arbitration state-to-state may be initiated (article 24 of the Ethiopian CFIA; article 25 of the Surinamese CFIA). The settlement approach, followed by this type of arbitration, may be seen…
…including the Public-Private Partnership Act, which expressly refers to international arbitration as a means of resolving disputes involving state parties. The previous arbitration framework in Argentina Historically, arbitration in Argentina…
…when the seat of the arbitration is Madrid, set aside an arbitration award on public policy grounds after finding that the tribunal “[…] unjustifiably omitted to assess evidence that was…
…proceedings. Such rules remain applicable to local arbitration proceedings due to the dualistic nature of the Chilean arbitration system: on the one hand, domestic arbitration governed by general rules and,…
…and Machado perhaps could illustrate or translate the First Lusophones’ Arbitration Meeting that took place during the Paris Arbitration Week (PAW) in April 2018. The Portuguese-speaking world, whether it is…
…arbitration? On 31 January 2018, an arbitral tribunal composed of Professor Ricardo Ramírez Hernández, Professor John Gotanda and Professor Philippe Sands issued a Procedural Order No. 2 on the issue…
…parties once the arbitration begins. Early document review can also help spot privileged and confidential documents that a party can withhold in the upcoming arbitration. Again, engaging outside counsel to…
Introduction The 2018 International Arbitration Survey: The Evolution of International Arbitration undertaken by the Queen Mary University and White and Case LLP found flexibility to be the third most valuable…
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such ‘non-participating’ respondents, what…
…foremost choices are Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC). 3)See e.g. Joe Liu (Hong Kong International Arbitration Centre), The Use of Arbitration for…
…negative perceptions surrounding arbitration as a dispute resolution mechanism, such as its supposed lack of speed, and correspondingly, its putatively high cost. Certainly, international commercial arbitration cases involve numerous variables…
This is one of a series construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City. Arbitration can be classified as follows:…
…practice in international commercial arbitration and arbitration rules from various arbitration institutions such as ICC, SCC, ACICA and HKIAC: (i) whether the request of arbitration had a reasonable possibility to…
…of efficiencies developed by administering institutions. To cite an example, the Swiss Rulesdeveloped fast arbitration through a) expedited procedures within 6 months; b) arbitration to be decided only on evidentiary…
…contract signed by both parties. (2) The Seat of Arbitration: Parties to smart contracts should prioritize their choice of the seat of arbitration. In essence, a seat of arbitration underpins…
