8 Key Points from the ICCA-QM Task Force’s 2018 Third-Party Funding Report
…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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Could ENI Bring an Arbitral Claim Against Turkey for Obstructing Oil Exploration in Cyprus’ Waters? The Extra-Territoriality of BITs Against Occupying Powers
…– 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…
The Contents of Journal of International Arbitration, Volume 35, Issue 3, 2018
…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…
Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
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…
Brexit and Beyond: Will London Still Wear its Arbitration Crown?
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…
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…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…
Third Party Funding in Asia: whose duty to disclose?
…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…
Achmea, Arbitration, Arbitration Awards, BIT, Enforcement, European Law, European Union, International arbitration, Intra-EU BITs, Investment Arbitration, New York Convention
Revisiting the Idea of ISDS Within the EU and an Arbitration Court: The Effect on Party Autonomy as the Main Pillar of Arbitration and the Enforceability of Arbitral Awards
…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)….
Diversity and Intergenerationality – Report on the Seminar “OGEMID and TDM past, present and future: a celebration”
…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…
Intra-EU Investment Arbitration Post-Achmea: A Look at the Additional Remedies Offered by the ECHR and EU Law
…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….
The Standard of Attorney-Client Privilege In International Arbitration: Is The “Most Protective Law” The Right Answer?
…as a valid defense against requests for document production under the IBA Rules.2)Born, “International Arbitration”, (Kluwer Law International 2012) 187; Kuitkowski, “The Law Applicable to Privilege Claims in International Arbitration”,…
Arbitral Seats – An Empirical Overview
…& Case International 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,…
Arbitration, Arbitration Awards, Brussels Regulation, Enforcement, English courts, English Law, European Law, New York Convention
How Can We Tackle the Problem of Non-Binding Judgments as to the Validity of an International Arbitration Agreement within the Context of EU Law?
…York Convention’ (2017) 33 Arbitration International 215-227. In line with the previous legislation, Article 1(2)(d) of the recast Regulation makes clear that it ‘shall not apply to … arbitration’, and…
Kluwer Mediation Blog – April Digest
…Macduff considers the recent developments in the UK and New Zealand regarding the provision of online legal information for prospective litigants and the development of online courts. In light of…
Singapore High Court Finds that an Arbitral Tribunal is Empowered to Disregard the Parol Evidence Rule
…the UNCITRAL Arbitration Rules, the HKIAC Rules, the AAA procedures, and the Korean Arbitration Act. The Court additionally noted, in that same paragraph, that even though the ICC Rules do…
Why We Don’t Need Blockchain to Manage Cases in International Arbitration
Until a few decades ago, international arbitration was perceived to be a quick and inexpensive way of resolving disputes. However, the proliferation of legal rules, the disclosure of voluminous documents,…
Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Enforcement, Expedited arbitration, International arbitration, Party autonomy
Expedited Procedure Vis-à-Vis Party Autonomy, Enforceable?
The ICC Rules introduced expedited procedure with effect from March 01, 2017. With this, the ICC joined the league of other leading arbitration institutions such as SIAC, LCIA and HKIAC…
Demystifying the Nigerian Arbitration and Conciliation Bill 2017
…very innovative provisions that accord with international best practices in arbitration, seeks in the main to repeal the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria,…
The Enforcement Chimera
“Enforcement” of arbitral awards is one of the main selling points of arbitration, with the perception being that nothing yet comes close to the New York Convention to enforce court…
Developing a Coherent Basis for International Minimum Standard of Treatment
…Treatment (FET), and other non-discrimination doctrines such as National Treatment (NT). Some rules of international law are ascribed a greater legal significance in foreign investment law and this requires knowledge…
Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration
Arbitrating with States in CEE and CIS
…of PCA Rules drafted in the 1990s and includes special provisions adapted to arbitrations involving public entities. That same year, the ICC released its revised Arbitration Rules allowing the Court…
Implicit Bias in Arbitrator Appointments: A Report from the 15th Annual ITA-ASIL Conference on Diversity and Inclusion in International Arbitration
…on the Kluwer Arbitration Blog, please subscribe here. References[+] References ↑1 See Lucy Greenwood and C. Mark Baker, Getting a Better Balance on International Arbitration Tribunals, Arbitration International, Vol. 28,…
The State in Transition – Did the Questionable Privatisation Come to Haunt Bosnia?
After three high-value infrastructure and energy projects cases at ICSID and the Permanent Court of Arbitration, Bosnia and Herzegovina (“BiH”) is now facing a new US$40 million investment treaty claim….
How Does Arbitration Intersect with the Blockchain Technology that underlies Cryptocurrencies?
…Association called “Smart Contracts and Distributed Ledger”. What Arbitration Can Do for Businesses which Embrace Blockchain: To grasp the revolutionary potential of blockchain technology and why arbitration is the ideal…