…way forward for an effective investment and investor protection within the EU. Now that the CJEU decided that investment treaty arbitration based on intra-EU BITs is not compatible with EU…
…that it is based on a model of commercial arbitration with ad hoc tribunals consisting of party-appointed arbitrators and limited oversight even though it implicates public law and policy. These…
…York Convention, by enacting new international arbitration laws (most typically some version of the Model Law), by (in some instances) funding new arbitration facilities or judicial training, and by removing…
Professor Stacie Strong has noted on this blog that “[c]ritics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom…suggests that international…
…condition of the investments and loans was that Iraq provide legal comfort to businesses through its accession to the New York Convention. One recalls that Iraq signed and acceded to…
…where the arbitration took place” (under Article 34(2)(a)(iv) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) for awards emanating from international arbitration; section 48(1)(a)(v) of the Singapore…
…more of these centres. The Arbitration Foundation of South Africa (AFSA) has potential to become a powerhouse in international arbitration in southern Africa. Its strong domestic arbitration caseload demonstrates that…
…also allow the tribunal to decide on the motion without notifying this other party. In addition to the procedural rules of arbitration, the Arbitration Rules also address the rules of…
…of New Zealand (AMINZ) Arbitration Rules on 22 May 2017, and – the Chinese Arbitration Association, International (CAAI) Arbitration Rules on 1 July 2017. – It is anticipated that the…
…the BIT’s arbitration clause to the CJEU for a preliminary ruling, thereby offering its view that the arbitration clause was not contrary to the provisions of the TFEU. AG Wathelet’s…
…do not apply as such to this international arbitration. The Arbitral Tribunal further notes that neither the Finnish Arbitration Act nor the FAI Rules contain provisions similar to the FPC….
…agreements’, should they refer their ‘blockchain disputes’ to arbitration? In the author’s view, arbitration is a perfect candidate for resolution of blockchain-based disputes. Arbitration is a non-national and neutral dispute…
…of arbitration news) the community has focused less was one of the headline points from the conference’s first panel – “Mexican Energy Disputes: A New Era”, chaired by Silvia Marchili…
…Indonesian government enacted the Arbitration Law. The contents of the Supreme Court regulation are more or less similar to the provisions of the Arbitration Law concerning the enforcement of foreign…
…inspiration behind her new approach to providing feedback as a judge in the recent ICC Mediation Competition and identifies the impact which this new approach has had. In “The coincidental…
…the State, whose universal recognition is underway. An opportunity to draw new and more suitable economic policies and delimit their international obligations Further, the new BITs negotiated by these countries…
…an indemnity basis (e.g., ICC Rules and LCIA Rules empower tribunals to do so, if the arbitration agreement does not provide otherwise). That may also be insufficient to deter anchoring…
…empirical research on international arbitration. Professor Chris Zorn (Penn State Political Science) has experience in cutting edge data analytics in the legal profession, including as co-founder of Lawyer Metrics. Professor…
…but to preserve the relationship, in which case arbitration might be indicated. Factual or legal disputes I would not suggest that arbitrators cannot deal with legal issues but if the…
…of AI on the legal profession is slowly becoming a hot topic in legal, technology, and academic circles. Conferences in the international arbitration sphere have begun to address how the…
…intent in the Introduction i.e. they do not aim to override any applicable national law or arbitral rules chosen by the parties and are not legal provisions. Generally, they perform…
…yet, these provisions apply only to enforcement measures performed after their entry into force and hence do not apply to the present dispute; nonetheless, as regards State sovereignty and the…
…arbitration the optimal dispute resolution mechanism for new technology disputes. New technologies can thus reinforce arbitral proceedings, and arbitration can provide insurance to these emerging practices – these reciprocal benefits…
…governed by special statutes, cannot be the subject-matter of arbitration, a similar case which falls under the TP Act cannot be a subject-matter of arbitration either. In Ambuja Neotia Holdings…
