…the Article 8(1) court as noted in Part 1. When validity is unclear in arbitration, the tribunal might hear a very broad range of evidence. Even in cases where the…
A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by arbitrators and court applications…
…nature of arbitration, gathering the relevant information means personal phone calls with individuals who have appeared before a potential arbitrator or, better yet, sat as a co-arbitrator with that person….
…Ratification, TPP, and the United States’, Kluwer Arbitration Blog, October 20 2016, https://arbitrationblog.kluwerarbitration.com/2016/10/20/delayed-ratification-tpp-united-states/ Japan took the lead in the negotiations of the CPTPP, which concluded successfully in an exceptionally short…
What Causes Inter-Institutional Variations in the Duration of the Arbitration Process? A significant advantage that arbitration has over litigation is the speed with which proceedings are conducted. The duration…
…be rendered in the arbitration, may be considered to bear the identity of such party. The Task Force recommends that the IBA reconsider its definition of “direct economic interest”…
…– which are registered with the Permanent Court of Arbitration (PCA) and being conducted under the UNCITRAL Arbitration Rules 1976 (UNCITRAL Rules) – the Ukrainian claimants contend that the Russian…
…validity of arbitration agreements, enforcement and/or set-aside of arbitral awards. This reform further aligns Chinese arbitration with international practices, and sends a strong signal to the international arbitration community about…
In a recent case, the Swiss Federal Tribunal (“SFT”) has once again been called to consider the question of independence of the Court of Arbitration for Sport (“CAS”) vis-à-vis its…
The results of the 2018 Queen Mary/White & Case International Arbitration Survey were launched on 9 May 2018. The survey explores “The Evolution of International Arbitration”: how international arbitration has…
…termination and payment under two separate administrative services agreements. Each agreement provided for arbitration in accordance with “the arbitration rules of the American Arbitration Association (AAA)” albeit in different cities…
…and (b) the arbitration body.”17) Hong Kong Arbitration Ordinance (Ord. No. 6 of 2017), section 98U, ‘Disclosure about third party funding of arbitration’. In Hong Kong, the obligation to…
…Arbitration,” in Enforcing Arbitration Awards under the New York Convention – Experience and Prospects, 1 (United Nations 1999). ↑4 Michael Mustill, Arbitration: History and Background, 6 J.Intl. Arb. 43 (1989)….
…of decades, international arbitration has evolved. As pointed out by Adekoya,2) F. Adekoya, SAN, ‘Is International Arbitration Truly International – The Role of Diversity’ [2018] TDM. a notable increase of…
As it has been extensively discussed on this blog, in its landmark Achmea case the Court of Justice of the EU (“CJEU”) found the arbitration provision of the bilateral investment…
…Arbitration”, at para 8.01 This opened up the debate between international arbitration scholars for the right answer to such a bottleneck. Most prominent scholars in international arbitration advocate for the…
…& Case International Arbitration Survey: The Evolution of International Arbitration. As its title suggests, the survey sought to assess user perceptions of the evolution of key issues in international arbitration,…
…York Convention’ (2017) 33 Arbitration International 215-227. In line with the previous legislation, Article 1(2)(d) of the recast Regulation makes clear that it ‘shall not apply to … arbitration’, and…
…the UNCITRAL Arbitration Rules, the HKIAC Rules, the AAA procedures, and the Korean Arbitration Act. The Court additionally noted, in that same paragraph, that even though the ICC Rules do…
…can be used in international arbitration. However, the main difficulty with any potential application of blockchain in the area of international arbitration is that the resolution of disputes does not…
…the parties inferred from the arbitration agreement. Conclusion In light of the evolving jurisprudence in this area of arbitration, the Shanghai Court might have interpreted the agreement and party autonomy…
…in Arbitration. The Bill, when passed, is expected to positively influence the choice of Nigeria as the seat of arbitration in arbitration agreements by parties. It is certainly not out…
“Enforcement” of arbitral awards is one of the main selling points of arbitration, with the perception being that nothing yet comes close to the New York Convention to enforce court…
…because the foreigners lack a political clout in the host state. To make sure you do not miss out on regular updates on the Kluwer Arbitration Blog, please subscribe here….
