…to jurisdiction and arbitration clauses. For example, a list of key factors most appealing in institutional or ad hoc arbitrations, or even a mechanism to maximise the expected utility in…
…disputes to arbitration. Nothing in the ECT indicates an intention to carve out intra-EU disputes from arbitration. A “disconnection clause” could have been included, as it had been for other…
…to reshape the arbitration process. Where to Start when Thinking about the Use of Blockchain in Arbitration? A starting point in an arbitration-blockchain discussion inevitably begins with defining, and more…
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
…Court of New York in which rapper Jay Z challenged the validity of an arbitration clause in favor of AAA arbitration. Carter argued that enforcement of the arbitration clause would…
This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the…
…by the Regulation of the CCJA on Arbitration and the Uniform Act on Arbitration. Sami TANNOUS, Matei PURICE, Mohamed KHANATY, The New UAE Federal Arbitration Law: Was it Worth the…
…arbitration hubs. In the Queen Mary University of London 2018 International Arbitration Survey, Hong Kong remained one of the five most preferred seats of arbitration globally. Part of Hong Kong’s…
…final; The interim order is issued based on a valid arbitration agreement; Both parties were offered the opportunity to present their case in the arbitration; and The interim order does…
…for binding arbitration “in accordance with the arbitration rules of the American Arbitration Association.” Rule 6 of the Commercial Arbitration Rules of the AAA has a competence-competence provision, stating the…
…arbitration. While there are arguments that an investor can make in pursuing an arbitration (e.g., that a state is estopped from pursing a defense,4) See, e.g., M, Reeder, State Corruption…
…consider how far their opposition to ISDS extends, and whether it applies only to arbitration or also to the EU’s judicial model. Can Investor-State Arbitration be Reformed to Address Existing…
…investment arbitration and inter-State arbitration in the Middle East. The second panel, chaired by Lara Hammoud (Senior Legal Counsel at Abu Dhabi National Oil Company), and composed of Emily Beirne…
…considered as one of them. In light of the proposal for new ICSID Arbitration Rules, a discussion about the use of provisional measures in the context of ICSID-based arbitration, under…
…for arbitration and foster international confidence in UAE seated arbitration. It allows practitioners and arbitrators to breathe at ease and act in a more predictable environment, knowing that criminal liability…
Experts play a pivotal role in many international arbitrations. Usually, they are there to testify what went wrong. However, their know-how of the subject matter of the arbitration and their…
…a party to arbitration; and arbitration can be initiated on the basis of an arbitration agreement or an investment related instrument including an investment code or a bilateral or multilateral…
…is the basis for a significant number of arbitration proceedings? How does Achmea sit with ICSID arbitration, as the ICSID system is based on a multilateral treaty? Should there be…
…restraining order to halt Iconix from pursuing claims in arbitration; (ii) a preliminary injunction staying arbitration for a period of ninety days for the parties to find suitable African-American arbitrator…
…investment arbitration, China may rush into concluding IIAs containing template joint interpretation provisions with little consideration of the following factors: 1. Entrusting a Specific Organ with Authority to Issue Joint…
…agreement that gave rise to arbitration. In doing so, the court noted that the exception is necessary to further “the twin objectives of arbitration: settling disputes efficiently and avoiding long…
On the 5th of December 2018, the stake of arbitration amidst the technological evolution was in the spotlight; Sciences Po Law School hosted the first conference of the Arbitration X…
…Arbitration?, Kluwer Arbitration Blog, 11 August 2018. In light of Achmea and the Commission’s Communication, which considers states that EU law provides for adequate and sufficient protection for cross-border EU…
…despite any contrary specific terms in the arbitration agreement. This could lead to cases where the arbitration agreement and the Provisions come into conflict. For instance, if an arbitration agreement…
