The Editorial Board of Kluwer Arbitration Blog announces the opening of the following two additional positions with Kluwer Arbitration Blog: (1) Assistant Editor for Europe and (2) Assistant Editor for…
…underlying the Indian Arbitration and Conciliation Act 1996 (“Arbitration Act”). The 7J Judgment is perhaps the most significant judgment on the Arbitration Act after its landmark decision in BALCO Aluminium…
…day. Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g., the IBA Rules (2020) and the CIArb Protocol (2007), make clear that…
This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. Part I…
…had based its assessment on the law applicable to the arbitration clause (4A_19/2023, 12 July 2023). In its 2023 decisions, the SFSC reinforced its reputation of an arbitration-friendly court. Some…
…the onset of the arbitration, Article 7 provides for the Answer to the Request for Arbitration to be filed within 21 days from the receipt of the Request for Arbitration….
On 29 November 2023, Professor Kiran N. Gore (The George Washington University Law School) moderated the “signature panel” of the Fourth Washington Arbitration Week (“WAW”), which focused on the interplay…
…(1) “Assisting a tribunal”, (2) “Addressing a matter within the scope of the dispute”, (3) “Significant interest in the arbitration”, (4) “Public interest in the arbitration”, and (5) “The integrity…
…not classified as international arbitration; (iii) local arbitration, defined as arbitration seated in Azerbaijan; and (iv) foreign arbitration, defined as arbitration seated abroad. For example, an arbitration case with international…
…EU Member States from offering arbitration to an intra-EU investor. He pointed out that many of the EU Member States made arbitration offers before becoming EU Member States. Against this…
…various areas of dispute resolution. The upcoming Saudi Center for Commercial Arbitration Third International Conference and Arbitration (“SCCA24”) on 6 March 2024, which is scheduled as the event highlight of…
…that the person who signed the arbitration clause (the Respondent’s CEO) held the necessary authority to agree to arbitration by virtue of his position as an officer of the company,…
…for mandatory mediation before arbitration. In addition, cross-fertilisation partly from ISA regarding the consequences of non-compliance with pre-arbitration steps in such clauses is causing complications, although it may lead to…
…practices to guide parties in driving cost-effectiveness in international arbitration. Before the Arbitration Carefully drafting your arbitration clause is crucial in order to minimise the risk of jurisdictional disputes….
…most commonly invoked standards in investor-state arbitration. According to UNCTAD, in 2020, a violation of FET was alleged in “over 80 percent of known ISDS cases”, and “in cases decided…
…contract law. This is particularly important in the world of international arbitration, where some of the most significant contracts that may be the subject of arbitration, will run for a…
…be challenged exclusively in arbitration proceedings before the Court of Arbitration for Sport (“CAS”), whose decisions may be reviewed only by the Swiss Federal Tribunal. Following complaints lodged by two…
…arguably also somewhat questionable. Apart from arbitration costs and the duration of the arbitration, the Court considered the fact that the events underlying the dispute between the parties took place…
…improper notice. The case concerned an award of the Shenzhen Court of International Arbitration (“SCIA”) arbitral tribunal. Though respondents appeared to be represented by counsel during the arbitration, they later…
…its doors at the Dubai International Financial Centre (“DIFC”) in February 2023 and publishing its new Arbitration Rules in May 2023. The new Arbitration Rules feature streamlined Online Dispute Resolution…
…the theme of several panel discussions at IAW. In the 2020 Queen Mary Survey on Investment Arbitration, 81% of survey respondents expressed positive views of contract-based arbitration, and 72% expressed…
…of arbitration clauses “buried” on websites. The SGHC also made some interesting observations on unique issues that arise from arbitration agreements and representative actions. Background to the Dispute A…
…the arbitration under section 11 and section 8 of the Arbitration and Conciliation Act 1996 (“Arbitration Act”),1)A reference under section 8 originates when a party brings an action in a…
…seek interim measures before arbitration, 46 were actions to challenge arbitration agreements and 10 encompassed actions to compel arbitration. Thus, according to the Report, 51.2% of them were actions in…
