…Consulting) and Ivana Blagojević (ICC International Court of Arbitration). They all intervene in international arbitration procedures in different roles and at different stages, allowing the discussion to address a number…
…on the Kluwer Arbitration Blog, please subscribe here. References[+] References ↑1 See Lucy Greenwood and C. Mark Baker, Getting a Better Balance on International Arbitration Tribunals, Arbitration International, Vol. 28,…
After three high-value infrastructure and energy projects cases at ICSID and the Permanent Court of Arbitration, Bosnia and Herzegovina (“BiH”) is now facing a new US$40 million investment treaty claim….
…Association called “Smart Contracts and Distributed Ledger”. What Arbitration Can Do for Businesses which Embrace Blockchain: To grasp the revolutionary potential of blockchain technology and why arbitration is the ideal…
…by streamlining the organisational structure of the arbitration centre. Further, the Arbitration and Conciliation (Amendment) Bill, 2018 (the “Arbitration Amendment Bill”) proposes to establish the Arbitration Council of India (the…
…survey conducted by the Brazilian Arbitration Committee and published by the Brazilian Association of Arbitration Students in 2016 – showed that out of sixty-one decisions between 2008 and 2015, only…
…was the amendment of the 1996 Brazilian Arbitration Act, to incorporate the rule in article 1(1) in the sense that “direct and indirect state-owned entities may use arbitration to resolve…
…Arbitration Association, which was co-organized by the Italian Forum for Arbitration and ADR. Privilege rules evolve as a function of the threat parties face from discovery. In common law jurisdictions…
…react to these instruments, and what the potential business costs of doing this are. To make sure you do not miss out on regular updates on the Kluwer Arbitration Blog,…
To readers of this Blog, the Dubai International Financial Centre (DIFC) is well known as an arbitration-friendly seat of arbitration in its own right. Developments there are fast apace and…
…41.5 of the ICSID Arbitration Rules, is interesting. In this treaty-based case, the investor submitted claims that had already been decided in RSM Grenada, a previous contract-based arbitration. The Grynberg…
…what the seemingly distant future holds for international arbitration practitioners. Indeed, a singularly unwavering concentration on the “present” of arbitration practice, without adequate focus on its “future”, is, to a…
…Treaty invoked by the Claimant envisages three options (in case conciliation fails and once a 3-month cooling-off period has elapsed): the host-state’s courts, a domestic arbitration or an international arbitration….
…application of the EU law. The Court also drew a line between the investment arbitration and commercial arbitration. The Court has not considered that the conformity with the EU law…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”), 1958 was adopted by Pakistan on 14 July 2005 through the Recognition and Enforcement (Arbitration Agreements and Foreign…
…arbitration rules, or by way of the IBA Evidence Rules. Moreover, as a matter of international law, arbitral tribunals are inherently equipped to safeguard the integrity of the arbitration in…
…are not efficient or have issues with political influence (see the fifth edition of the EU Justice Scoreboard, available here). The Achmea case, as entire EU Law, is based on…
…for investment treaty arbitration, both in terms of structuring any future investment (so as to avoid relying on intra-EU BITs) and choosing a seat for any arbitration (to avoid as…
…award and arbitration agreement, or “duly certified” copies thereof. Arbitration legislation in a few jurisdictions imposes less rigorous proof requirements than Article IV of the Convention. For example, the French…
…arbitration’ although it is always important for non-state parties to consider carefully the seat of the arbitration to limit the prospect of such a challenge succeeding. Insights from Latin America…
…it comes down to the will of the disputing parties as well as the arbitration community. 2. Role of arbitration in wider process of dispute settlement – arbitration is only…
…will likely occur once countries notice more claims coming from SWFs. Inter-generational blame and praise in investment arbitration Lucas Bastin surveyed a group of emerging arbitration practitioners under the age…
…(Belgium); and Henri C. Alvarez, Vancouver Arbitration Chambers (Canada) and moderated by Stephen L. Drymer, Woods LLP (Canada), continued this year’s theme of evolution and adaptation in commercial arbitration, centring…
In a much-anticipated session at ICCA Sydney Conference 2018 moderated by Mark Kantor, the panel: Joongi Kim, Yonsei Law School (Republic of Korea); Judith Levine, Permanent Court of Arbitration (Australia,…
