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Arbitration, Arbitration Awards, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Domestic law, English Law, Expedited arbitration, ICC Arbitration, ICSID Convention, International arbitration, Investment Arbitration, LCIA Arbitration, New York Convention

Why not give the clients what they want?

Lisa Bench Nieuwveld (Conway & Partners)/December 17, 2012 /Leave a comment

…commercial claims under the auspices of international arbitration institutions? Many arbitral rules have recently undergone rigorous review and changes from appointed committees, such as the ICC Arbitration Rules. However, no…

Insolvency, Jurisdiction, Jurisdiction of the arbitral tribunal, Law governing the arbitration, Switzerland

Insolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs. Elektrim decision

Nathalie Voser (Schellenberg Wittmer Ltd, Switzerland)/December 5, 2012 /1 Comment

Schellenberg Wittmer

…later, Y initiated arbitration proceedings against X under the ICC Rules. The seat of the arbitration was Geneva. As in Vivendi vs. Elektrim, the issue was whether the arbitral tribunal…

Arbitration Proceedings, Interim Orders

Swinging the Pendulum towards Arbitral Independence: A growing Consensus on the Treatment of Interim Orders in Arbitral Proceedings by National Courts?

Emily Blanshard (Herbert Smith Freehills LLP)/November 30, 2012 /Leave a comment

Herbert Smith Freehills

…agreement, the defendants commenced arbitration proceedings under the Singapore International Arbitration Centre Rules 2010 (SIAC Rules). They successfully applied to the tribunal for an interim order under r26.1 of the…

Arbitration, Arbitration Institutions and Rules, International arbitration, Latin America

Arbitration in Spain (II): the race to create a regional arbitration court for Latin America

Francisco Málaga (Linklaters)/November 28, 2012 /1 Comment

A few months ago I wrote a post on this Blog about what I saw as “work left to do” in the Spanish arbitration system. I started with the need…

China, CIETAC, Domestic Courts, Enforcement, Provisional measures

Arbitrating in China – What Interim Measures are Available from the Courts?

Stuart Dutson (Eversheds)/November 26, 2012 /Leave a comment

…CIETAC arbitration, therefore, in order to avoid triggering the application of the procedural rules set out in Article 21 (1) of the CIETAC Rules 2012 and to achieve the best…

Asia-Pacific, Enforcement, Hong Kong, Jurisdiction, New York Convention, Singapore International Arbitration Centre

Recourse against an international arbitration award made in Singapore

Darius Chan (Norton Rose Fulbright)/November 23, 2012 /2 Comments

YSIAC

…the rules of natural justice, there is a possibility that a court may extend the time frame for bring a setting aside application to prevent injustice. (c) A challenge of…

Domestic Courts, Enforcement, Middle East, New York Convention, United Arab Emirates

Dubai Court of Cassation confirms enforcement of foreign awards under New York Convention: The end of a beginning – Inshallah!

Gordon Blanke (Blanke Arbitration LLC)/November 21, 2012 /Leave a comment

…be subject to the rules applicable to awards issued in a foreign country”. The Court of Cassation continued its reasoning in the following terms: ‘… it is … established pursuant…

Uncategorized

Arbitral Institutions and Party Expectations, Part I: We Need the Eggs

Michael McIlwrath (MDisputes)/November 20, 2012 /4 Comments

…settlement. In other words, they could have given us some eggs. Next post: Arbitral Institutions and Party Expectations, Part 2: the Rules of Arbitration of the Finnish Chamber of Commerce…

Arbitration Proceedings, Discovery, Evidence, IBA Rules of Evidence, Witness

Are Depositions Incompatible with International Arbitration?

Nathan O'Malley (Conway & Partners)/November 19, 2012 /Leave a comment

…from the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) and the limited case precedent on this topic. These principles are as follows: (1) a deposition…

arbitrators’ conduct, Evidence, IBA Rules of Evidence

Is Good Faith in the IBA Evidence Rules Good?

Margaret Moses (Loyola University Chicago School of Law)/November 15, 2012 /2 Comments

Institute for Transnational Arbitration (ITA)

…2010 Preamble to the Rules identifies principles that will help arbitrators and parties understand how the Rules are meant to be applied. Paragraph 1 of the Preamble explains that the…

Arbitration, Arbitration Agreements, Costs, Costs in arbitral proceedings, Enforcement

Winner Pays: The Limits of Unconscionable Arbitration Agreements

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/November 13, 2012 /1 Comment

WilmerHale

…arbitration clause providing for arbitration of any disputes under the AAA rules. Page fourteen of the agreement also had a separate provision stating the following: COSTS, DAMAGES, AND ATTORNEYS’ FEES….

China, CIETAC

CIETAC Administered Arbitrations: Internal Conflicts Cause Uncertainty

Peter Bert (Taylor Wessing)/November 7, 2012 /1 Comment

…will retain the 2005 CIETAC rules, whereas CIETAC Shanghai published its own “Shanghai Rules”, based on the 2005 CIETAC rules. In return, CIETAC Beijing has withdrawn the authorization to the…

Arbitration Awards, Domestic Courts, Eastern Europe, Enforcement

Recognition of international arbitration in Ukraine in figures

Konstantin Pilkov (CAI & Lenard )/November 6, 2012 /Leave a comment

…enforcement. Arbitral tribunals refuse to restore proceedings as the restoration is not envisaged by the rules. The courts also believe that they have no legal grounds for interference with arbitration….

Arbitration, Arbitration Agreements, Arbitration clause, Domestic Courts, Jurisdiction, Switzerland

Swiss court decision denying validity of arbitration agreement overturned for excess of power

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/November 5, 2012 /1 Comment

…accordance with the International Arbitration Rules of the Zurich Chamber of Commerce with seat in Zurich, under exclusion of the ordinary state courts.” Ms. Y transferred an amount of EUR…

Appointment of arbitrators, Women in arbitration

The representation of women in arbitration – one problem, two issues

Annalise Nelson (Associate Editor)/November 2, 2012April 15, 2019 /3 Comments

…require us to navigate tricky issues related to the party appointment system and institutional rules (a subject that merits its own post). Getting more women into arbitration jobs—whether they be…

Asia-Pacific, Costs, Set aside an arbitral award

The loser pays it all: Hong Kong Court of Appeal confirms principle of indemnity costs for failed set aside application

Justin D'Agostino (Herbert Smith Freehills)/October 29, 2012 /Leave a comment

Herbert Smith Freehills

…v Australia Builders Labourers Federation Union of Workers (WA) (No2) 1993 46 IR 301). In England, costs are always in the court’s discretion, under Rule 44.3 of Civil Procedure Rules….

Arbitration Awards, Arbitrators, BIT, Costs in arbitral proceedings, ICSID Convention, Investment, Investment Arbitration, Jurisdiction

ICSID: Curious Facts

Inna Uchkunova (International Moot Court Competition Association (IMCCA))/October 25, 2012 /15 Comments

…few rules within the scope of the subject of damages in international law that are better settled than the one that compound interest is not allowable.” This is, among other…

Enforcement of an arbitration clause, English Law, Jurisdiction, New York Convention

Enforcement of a London arbitration clause in a charter party refused in Australia

Kate Cronin (Linklaters)/October 15, 2012 /1 Comment

…is not expressly defined in COGSA. However the term “sea carriage document” is defined in the Hague-Visby Rules, a set of international rules for the international carriage of goods by…

Arbitration Awards, Enforcement, Public Policy

Public Policy in the UAE: Has the Unruly Horse Turned into a Camel?

Gordon Blanke (Blanke Arbitration LLC)/October 14, 2012 /1 Comment

…understood in the UAE for purposes of both domestic and international arbitration going forward. In brief, the dispute dealt with in the arbitration, which was subject to the Rules of…

In Memoriam Pieter Sanders

Pieter Sanders, 1912-2012

Jan Paulsson (Three Crowns LLP)/October 12, 2012 /1 Comment

Three Crowns LLP

…UNCITRAL organized a conference to talk about the 1976 Rules in which his hand had been so dominant. Many speakers, thinking no doubt that they were flattering the master, seemed…

Arbitration Institutions and Rules, Arbitration Proceedings, Europe

Reflections on a Very Specialized Tribunal

Nicolas Ulmer (Budin & Associés Avocats)/October 11, 2012 /4 Comments

On a recent brief holiday in Valencia, I was able to attend a session of the Tribunal de las Aguas de la Vega de Valencia, the “Water Court” or Tribunal…

In Memoriam Pieter Sanders

Pieter Sanders, 1912-2012

Lise Bosman (International Council for Commercial Arbitration)/October 10, 2012 /Leave a comment

…Guide to the Interpretation of the New York Convention, exchanged views on the drafting of the 2010 UNCITRAL Arbitration Rules and filmed an extensive interview to mark ICCA’s 50th Anniversary…

Arbitration Act, Switzerland

Swiss Parliament Initiates Review Process of the Swiss Arbitration Law

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/October 8, 2012 /Leave a comment

…official language in setting aside and revision proceedings before the Swiss Federal Tribunal. Further topics of discussion related to the simplification of the rules concerning the intervention of the juge…

In Memoriam Pieter Sanders

Memories: Pieter Sanders – Centenarian

Albert Jan van den Berg (Hanotiau & van den Berg )/October 5, 2012 /1 Comment

…of ICCA in 1961 and its president for many years; drafter of the 1976 UNCITRAL Arbitration Rules; General Editor of the ICCA publications (in particular the Yearbook Commercial Arbitration); drafter…

Kluwer Arbitration Blog

Search Results for: prague rules

Why not give the clients what they want?

Insolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs. Elektrim decision

Swinging the Pendulum towards Arbitral Independence: A growing Consensus on the Treatment of Interim Orders in Arbitral Proceedings by National Courts?

Arbitration in Spain (II): the race to create a regional arbitration court for Latin America

Arbitrating in China – What Interim Measures are Available from the Courts?

Recourse against an international arbitration award made in Singapore

Dubai Court of Cassation confirms enforcement of foreign awards under New York Convention: The end of a beginning – Inshallah!

Arbitral Institutions and Party Expectations, Part I: We Need the Eggs

Are Depositions Incompatible with International Arbitration?

Is Good Faith in the IBA Evidence Rules Good?

Winner Pays: The Limits of Unconscionable Arbitration Agreements

CIETAC Administered Arbitrations: Internal Conflicts Cause Uncertainty

Recognition of international arbitration in Ukraine in figures

Swiss court decision denying validity of arbitration agreement overturned for excess of power

The representation of women in arbitration – one problem, two issues

The loser pays it all: Hong Kong Court of Appeal confirms principle of indemnity costs for failed set aside application

ICSID: Curious Facts

Enforcement of a London arbitration clause in a charter party refused in Australia

Public Policy in the UAE: Has the Unruly Horse Turned into a Camel?

Pieter Sanders, 1912-2012

Reflections on a Very Specialized Tribunal

Pieter Sanders, 1912-2012

Swiss Parliament Initiates Review Process of the Swiss Arbitration Law

Memories: Pieter Sanders – Centenarian