…the opportunity to make submissions. While decided under English law, the case is of international relevance, not least because similar considerations will apply under the major institutional rules and in…
…area of arbitration since the PRC Arbitration Law (1994) was enacted. During the China Arbitration Summit held in Beijing on 20 September 2017, Justice Xuefeng REN, a Presiding Judge of…
…the APCI. • Arbitration Bar and Bench The Committee recommended the establishment of an arbitration bar and arbitration benches in India. The arbitration bar would comprise of arbitrators who will…
…a brief summary of each post on the Kluwer Mediation Blog last month. We wish all of our readers a very happy new year. In What The Parties Really Want…
…consented to arbitration through a BIT, as in those cases States have “undertaken … the obligation to submit to international arbitration … for the duration of the treaty.” (para. 41)….
…and gas exploration and production agreement, former Total subsidiary Elf Neftegaz has prevailed in the arbitration by having all claims thrown out on 19 June 2017. In the arbitration, the…
…where the arbitration agreement is contained. Respondents contend that the contracts provided by the applicants as the basis for arbitration are not authentic or duly executed, thus non-existent. In particular,…
…investment arbitration cases as result of breaches of the FTA provisions. The same risk exists for the 1,500 bilateral investment treaties (BITs), which the Member States currently have signed with…
…the EPC contracts. The MOUs did not contain arbitration clauses and were terminated before commencing arbitration. Doosan invoked SIAC arbitration under the EPC contracts and the Corporate Guarantee making GCEL…
…Arbitration (SCCA) and enactment of the 2012 Arbitration Law, issued by Royal Decree no. M/34, dated 24/5/1433 H., corresponding to 16/4/2012 G. (new Arbitration Law). These developments reflect a shift…
…(eg the development of model rules), many states have delegated their representation to arbitration practitioners. There was a concern that having states represented by arbitration practitioners in the reform discussions…
2017 was a busy year for international arbitration. Taking a walk down memory lane, we saw new players and new industries entering the game, institutions adopting new rules, and we…
…Mark Backer, Getting a Better Balance on International Arbitration Tribunals, 28 Arbitration INTERNATIONAL 653, 661 at n. 42 (2012). Therein lies the diversity paradox. The key to resolving this paradox…
…of arbitration. One such example is the LCIA’s General Guidelines for the Parties Legal Representatives (2014). The LCIA Guidelines are binding on any counsel who appears in an arbitration administered…
…established, as well as to new voices in the arbitration community. We believe that the Blog reflects the arbitration world, a diverse and unique community, which brings together professionals from…
Issue 34/6 ARTICLES SECTION Mauro Rubino Sammartano, A Second (Quasi-Perfect?) Storm Also in Arbitration? Abstract: Many users of international arbitration, particularly in-house counsel, have repeatedly expressed concern about the lack…
…topics”, such as the separability of the arbitration agreement and competence-competence, are now slightly relegated to the past. One of such controversial circumstances is the recent interest that arbitration has…
…enforcement of an ICSID Award in Spain under the new, reformed, legal framework that encompasses the Civil Procedure Law (LEC) and the Spanish Arbitration Act (SAA). The Current Legal Framework…
…for New York 2013), in Yearbook Commercial Arbitration XXXVIII (2013), at 537-541. ↑4 See for an analysis of the case, M.Paulsson, The 1958 New York Convention in Action (2016 Kluwer),…
…default’. Consequently, disputes arose between the parties, and Satyam invoked the arbitration clause that provided for LCIA arbitration, with laws of State Michigan, United States, as the governing law of…
…which does not have to follow certain arbitration rules. The Opinion allows arbitration in certain locations, with certain arbitration rules and by certain persons, in which certain arbitration rules reflect…
…accepted the DIFC-LCIA Arbitration Centre Award for execution pursuant to Article 7(2) of the Judicial Authority Law (Dubai Law no. 12 of 2004 as amended by Law No., 16 of…
…practitioners often consider when choosing arbitration places are known to be a pro-arbitration legal regime and arbitration-friendly courts. In Korea, The Arbitration Act, which closely modeled the UNCITRAL Model Law,…
…the area was not caused by the Investor’s conduct because its conduct was repeatedly endorsed by governmental authorities. Having found that Decree 032 had an economic impact on the investment,…
