…Indian court could intervene in an investment arbitration and grant an anti-arbitration injunction only if the arbitration is “oppressive, vexatious, inequitable or constitutes an abuse of the legal process”. In…
…provisions of the Civil Procedural Code refer to arbitration in general, they apply to both domestic and international arbitration. However, the procedure for domestic arbitration and legal force and enforcement…
…seat for China-related international arbitrations. Parties may now conduct “offshore” arbitration in Hong Kong whilst keeping open the potential for interim measures in Mainland China. Background Under PRC law the…
In RJ v HB [2018] EWHC 2833 (Comm) (‘RJ’), Andrew Baker J (‘Baker J’) found that the facts disclosed a serious irregularity under s68 of the English Arbitration Act 1996…
While the gender imbalance in arbitrator appointments is widely known,1) L. Greenwood, Getting a Better Balance on International Arbitration Tribunals, Arbitration International, Issue 4 (2012). the causes are still debated….
The 6th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of…
…both achievements! Can you tell us about the top three key improvements in the new rules? Thank you. The revised rules incorporate a number of new innovative features based on…
…conducting a consultation on amending its rules, and several States considering alternatives to the current system of investment treaty arbitration. A state of flux, however, also creates opportunity. With these…
…going to shed some light on these issues, whereas it will be on the arbitration community to take it from there by either implementing the solutions in arbitration rules, or,…
…the dispute. Moreover, most arbitration bodies can only be instructed by the parties involved in an art sale, provided that an appropriate arbitration clause had firstly been set out in…
…investors’ perspective, arbitration has become a natural choice to resolve investor-state disputes. Investors even threaten States with arbitration in an attempt to incentivize a State to negotiate. But investors often…
…Arbitration. Second edition. Volume II: International Arbitral Procedures. Alphen ann den Rijn: Kluwer Law International, 2014, p. 1973. ↑3 KAUFMANN-KOHLER, Gabrielle, RIGOZZI, Antonio. International Arbitration: Law and Practice in Switzerland….
…Can It Be Transplanted into Investment Arbitration? Investment arbitration has been increasingly criticized as being, among other things, slow, cumbersome and unpredictable, in light of contradictory awards arising from similar…
…a new order with a new set of beliefs had emerged. According to their predictions, a new crisis should have started sometime around 2005 and would last some 20 years….
Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading…
…the arbitration governed by Belgian law and choose Belgium as the place of arbitration. Belgium has a modern arbitration law that was updated in 2013 bringing it largely in tune…
…passage. The Bill includes provisions which give the impression that Nigeria is ready to join the bandwagon of pro-arbitration legislative regimes for TPF. Other important provisions in the Bill concern…
Overview On 11 February 2019, Beijing Arbitration Commission/Beijing International Arbitration Center (‘BAC/BIAC’) launched its draft of ‘Beijing Arbitration Commission/Beijing International Arbitration Center International Investment Arbitration Rules’ (the ‘BAC Rules’) for…
…Administered Arbitration Rules. Shortly after their release in October 2018, Joe Liu, Deputy Secretary-General of the HKIAC, wrote on the Blog to introduce the Rules and explain key highlights and…
…our new Rules for Administered Arbitration, is that one can’t obtain an early disposition of a claim or defense. In fact, arbitrators have the authority to dispose of claims and…
Much ink has been spilt on the legal consequences of remitting an award back to an arbitral tribunal vis-à-vis setting it aside. The Singapore Court of Appeal in the seminal…
…Arbitration Rules against the Russian Federation based on Article 9(c) of the Ukraine-Russia BIT and sought payment of USD 50,314,336 as compensation for the alleged expropriation (the “Dispute”). The Russian…
…countries. It was also mentioned the amendment of some arbitration rules, or proposals from associations linked to arbitration such as the Club Español del Arbitraje (Spanish Arbitration Club, “CEA” for…
…into the Ukrainian legal system. The Constitution, however, does not establish direct applicability of rules of customary international law. They, thus, cannot be applied directly by Ukrainian courts. Under the…
