…as a whole because this would provide insight into the circumstances on which meritorious challenges might be founded. * Examples of Kluwer posts on the subject: Arbitrator Intelligence: The Pilot…
…rather than to its efficacy can sometimes look somewhat artificial. Now, whether or not the development and codification of soft law by arbitral institutions and other organisations like the IBA…
Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this…
Seemingly not a month goes by without a new arbitral institution springing up, from Turkey to Bulgaria, from Georgia to Jerusalem, and from Cambodia to Rwanda. Establishing a new arbitration…
…regard to direct or indirect expropriation, the Enron v. Argentina tribunal eventually showed that such a distinction is rather artificial, as “the line separating indirect expropriation from the breach of…
…purpose was to jumpstart Arbitrator Intelligence. The larger aim of Arbitrator Intelligence—to promote transparency, fairness, and accountability in the selection of international arbitrators—is an enormous undertaking. So we had to…
…in Arbitrator Intelligence a “jumpstart project” led by Professor Catherine Rogers, Alex Wiker and Professor Chris Zorn, featured also in the Kluwer Arbitration Blog. Arbitrator Intelligence is supposed to introduce…
…agreement, as doing otherwise would be artificial and could lead to unnecessary complications. Turning to the text of Clause 20, the Supreme Court paid short shrift to the majority arbitrators’…
…we are seeking to amass as many awards as possible so that we can develop research tools for later phases of Arbitrator Intelligence. Contributing Awards The Arbitrator Intelligence site has…
A few weeks ago, the day before the Obama Administration and the EU announced dramatic new sanctions against Russia, an international tribunal announced a $50 billion award against Russia in…
…arbitrators presided, publications, related commentaries and structured feedback from users and counsel. The resource’s new working title—Arbitrator Intelligence—reflects this broader ambition. To initiate Arbitrator Intelligence, we will be launching a…
…[Sub]paragraph (d) of the second clause of Article 93 of the [UAE] Civil Transactions Law provides that ‘an artificial person shall have an independent domicile, where such domicile shall be…
…clearest example of conduct that lacked sufficient connection to the investment, the Tribunal found that whilst the wire-tapping by the Romanian Intelligence Service had been devoid of the necessary threat…
…see how it could be concluded that ‘the fundamental basis of the claim’ was the BIT rather than the Contract. Any other approach strikes us as being so artificial as…
In a recent post, here, I argued that the time has come to move on from the gumshoe clue-hunting approach currently employed to select international arbitrators. Existing practices are severely…
…arbitrator. In part, these respondents were inevitably commenting on an arbitrator’s overall reputation for integrity, intelligence, and acumen. In addition, however, they were likely commenting on an arbitrator’s reputation regarding…
A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India…
…the valuation to create an artificial comparability. A second difficulty is that historical transaction values may not reflect current values and, as we know, market sentiment can change quickly. The…
…by the proponent’s and opponent’s counsel. Certainly important issues such as good faith, bad faith, intent, and a witness’ fluency, arrogance and intelligence (all of which can bear on the…
…intent, and a witness’ fluency, arrogance and intelligence (all of which can bear on the proper interpretation of letters, emails and contracts that are offered in evidence) are best appreciated…
…of an artificial “super independent and impartial” standard applicable only to CAS arbitrators.** * The claimant filed a challenge against such decision before the Swiss Federal Tribunal. The Court dismissed…
…inoffensive, obscure, inadequate and artificial. “We should not close our eyes to the fact that … the decision is a compromise, a triumph of diplomacy transferred from the foreign office…
…be able to point to the artificial nature of the ‘arbitration award’ given that the New York Convention clearly anticipates that there would be an actual arbitration. That said, consent…
…attributes of cosmopolitanism, professional competence and emotional intelligence. The people in the arbitration world are a fascinating lot, and we hope to make this new forum as interesting a venue…
