…some definitions of “substantial business activity” and “control”. II. Denial of Benefits: A Look Into the Practice Turning to international investment arbitration practice, the panellists shared their experiences on…
…and the parties to the first arbitration, dated March 19, 2018, provided that Ecuador and the companies in the 2014 Arbitration Consortium would proceed with Ecuador withholding a portion of…
…at the heart of arbitration, including a return towards contract-based arbitration with State-owned entities (SOEs) that was central to the origins of contemporary international arbitration. Against this backdrop, he moderated…
…of this arbitration is whether the Respondent is entitled under international law to impose a payment obligation on the Claimants. They claimed that the arbitration would be seriously prejudiced if…
…City—where holding an arbitration event was still unusual at the time—and later expanded to cities like Buenos Aires, promoting dialogue and strengthening collaboration within the arbitration community across the Americas….
…arbitration agreement in the original contract. When RFFSA initiated litigation for breach of contract, the respondent invoked the arbitration clause to request that the dispute be resolved through arbitration. The…
On 7 November 2024, the SCC Arbitration Institute (“SCC”) hosted a discussion on security for costs in international arbitration, with Anna Joubin-Bret, Secretary of UNCITRAL; Dr. Faris Nasrallah, Head of…
The second day of the CAM-CCBC Arbitration Congress XI (“Congress”) featured three insightful panels, each addressing critical topics in the field of arbitration. The first panel, moderated by Ms. Niamh…
…and building bridges that will help build a bright future for arbitration. Follow along and see all of Kluwer Arbitration Blog’s coverage of the XI CAM-CCBC Arbitration Congress here….
On September 21, 2024, Legislative Decree No. 1660 (“Decree”) was enacted. The Decree strengthens the National Registry of Arbitrators and Arbitration Centers (“RENACE”), mandating the registration of arbitration centers and…
…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….
…in bilateral investment treaties between Member States of the European Union (“intra-EU BITs”). In this decision, the CJEU concluded that investor-state arbitration clauses in intra-EU BITs are incompatible with EU…
…for international arbitration, permeated domestic arbitration practice. In addition, with the approval of this second arbitration law, Costa Rica adopted a dualist model, with two laws regulating arbitration, the Ley…
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…
…parties commence an arbitration, dispute board decisions may limit the scope of arbitration and assist the arbitral tribunal by providing factual background and analysis based on technical expertise. Ms. Sae…
…this ruling precluded its consent to the arbitration clause in the applicable investment treaty. Both the tribunal and the Swiss Supreme Court declared the state’s objection based on the Achmea…
…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…
…Africa, arbitration may involve institutions such as the ICC, LCIA, ICDR, or the Lagos Court of Arbitration, while mediation is handled by CCPIT, NMCC, or private mediators. Nigerian courts are…
…an international arbitration seated in Chile under the Law No. 19,971 on International Commercial Arbitration (“LACI”), which follows the UNCITRAL Model Law. This case raised an intriguing question: Does multiparty…
…do Sul. A dispute arose and Citic commenced an ICC arbitration against Usimec. The arbitration agreement provided for the settlement of any dispute arising from or in connection with the…
