…domestic arbitration, the CA emphasized the limited scope of judicial oversight in domestic (Arbitration Act, s.46(1)(3)) as well as international (Commercial Arbitration Act, s.34((2)(a)(iii)) arbitrations. The CA held that such…
…continues the consultations on Draft Provisions concerning procedural reform, which have been updated in UNCITRAL working paper A/CN.9/WG.III/WP.244. The focus of this ITA roundtable discussion was on Draft Provision 17,…
…systemic analysis. This case is one of a number of new Ecuadorian arbitration cases (here, here) that have come into the public eye in the post-award phase, as the state…
…ICC International Court of Arbitration in New York. Alexander Fessas (Secretary General, ICC International Court of Arbitration) and Philippe Varin (Chair, ICC) built upon this message, highlighting how the ICC…
…found that provisional measures are necessary to preserve the status quo of the arbitration, as envisioned by Rule 47(1)(b) of the Arbitration Rules. Concluding Remarks With the overall increase…
…to educate legal professionals about international arbitration when it was relatively unknown. Recognizing Latin America’s growing importance, the ITA launched the Americas Initiative in 2005 with pioneering workshops in Mexico…
Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively…
…companies. 2022 saw a reform of the arbitration rules of the International Center for Settlement of Investment Disputes (“ICSID” and “ICSID Rules”) and the introduction of a provision on security…
…extends to arbitration. She emphasized that publicity, which fosters accountability, transparency, public trust and legal development, is crucial in arbitration and should be the rule, but must be balanced proportionately…
…some compelling criticisms of the Rules on the Efficient Conduct of Proceedings in International Arbitration (Prague Rules). Points made included the use of ‘emotional’ language (“[…] if a party insists…
…the Decree purports to enhance transparency and legal certainty in arbitration through the mandatory registration of arbitration centers and arbitrators in RENACE for public information purposes, the outcome is in…
…follows the Court of Justice of the European Union (“CJEU”)’s recent case law on intra-EU investment arbitration and reaffirms the EU’s approach in relation to the conflict between EU law…
…taking of evidence to costlier arbitration? CIESP/FIESP’s New Arbitration Rules on the Autonomous Taking of Evidence As always, leave it to arbitration practitioners and they will solve the issue….
…demonstrate a protected legal interest in a merits judgment. Since the BGH had annulled the Achmea award in 2018, the factual and legal circumstances had changed significantly with the entry…
…mediation), Costa Rica’s arbitration regulation is unified under a single Arbitration Law. Highlights of Costa Rica’s New Arbitration Law The spirit of the New Arbitration Law is to closely…
The Chilean Court of Appeals (the “Court”) recently rendered a decision that underscores the importance of impartiality in domestic arbitration proceedings (the “Decision”). Particularly, the Court annulled an arbitral award…
…the Offshore Arbitration. DEG was nominated by Shell in the Offshore Arbitration. The Onshore Lenders also nominated DEG in the Onshore Arbitration and both requested consolidation of the references. Freshfields…
…provided to Albatros. After Albatros fell behind on payments and various attempts to resolve the matter, a Florida seated arbitration was initiated. That arbitration resulted in a favourable award for…
…a precursor to arbitration. Session 4: Efficient Use of Experts and Other Case Management Best Practices in Construction Arbitration The conference turned the conversation to the role and use…
…due to the different legal systems involved: the Korean legal system being the civil law system and the FIDIC Contracts based on the common law system. This may have a…
…Because the legal debate over intra-EU arbitration provisions had begun long before the Achmea ruling, the tribunal argued, the corresponding objection could have been raised earlier. This means that a…
…arbitration should an arbitration agreement be subsequently (and eventually) concluded. As to the second clause, the Court held that an arbitration clause granting only one of the parties the power…
…project type: Cayman/BVI funds: Cayman law, ICC/LCIA. Project financing: English/New York law, ICC/LCIA. Asia-Pacific M&A: Hong Kong/Singapore law, HKIAC/SIAC. Europe, Africa, Latin America M&A: ICC. Middle East M&A: DIAC/SCCA. In…
…the materials were defective. The arbitration was conducted under the procedural rules of the Centre of Arbitration and Mediation of the Chamber of Commerce of Santiago (“CAM Santiago”), and the…
