ICCA Sydney: The Moving Face of Technology
…be fascinating to see where these technologies take the arbitration world. To make sure you do not miss out on regular updates on the Kluwer Arbitration Blog, please subscribe here….
Search Results for: efficient arbitration
ICCA Sydney: Building Better Arbitration Proceedings – Practical Suggestions I: Revisiting Conventional Wisdom in the Organization of Arbitral Proceedings
…down from the current generation of arbitration practitioners to the emerging generation. Prof. Nayla Comair-Obeid also noted that international arbitration has developed significantly, yet not solely in response to technological…
ICCA Sydney: Arbitration Challenged II – Party Autonomy in Choosing Decision-Makers: Advantages and Drawbacks – Should it be Revisited?
…the ability to choose an arbitrator is more than a hallmark of international arbitration; it is the keystone. Prof. Dr. Kaufmann-Kohler also noted that investment arbitration has recently faced significant…
Arbitration, Confidentiality, Confidentiality and Transparency, ICCA Sydney 2018, Publication of Arbitral Awards, Transparency, Transparency in investment arbitrations
ICCA Sydney: Arbitration Challenged I – Reforming Commercial Arbitration in Response to Legitimacy Concerns
…international commercial arbitration is party autonomy and party freedom in dictating the terms of their own dispute resolution. However, there are strong public interest factors which emerge in arbitration proceedings,…
ICCA Sydney: Law-Making in International Arbitration – What Legitimacy Challenges Lie Ahead?
…played by arbitral institutions and bodies in rule-making, in particular with regard to ‘arbitration procedure.’ Arbitration cannot exist in a vacuum and the contribution made by these institutions and bodies…
ICCA Sydney: Arbitration Challenged II: The Realities of Arbitration Economics: Who Gets to Play, and What are the Implications
The panel on Arbitration Challenged II: The Realities of Arbitration Economics: Who Gets to Play, and What are the Implications, at ICCA Sydney 2018 Conference, was moderated by Susan Franck,…
Expropriation, Fair and Equitable Treatment, ICCA Sydney 2018, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Most Favoured Nation (MFN)
ICCA Sydney: Arbitration Challenged Part I: Reforming Substantive Obligations in Investment Treaties and Conditions of Access to Investment Arbitration
The panel on Arbitration Challenged Part I: Reforming Substantive Obligations in Investment Treaties and Conditions of Access to Investment Arbitration, at ICCA Sydney 2018 Conference, was moderated by Meg Kinnear,…
Belt and Road: Supporting the Resolution of Disputes
…to a quarter of all ICC arbitration cases, while the finance and insurance sector accounts for approximately 20%. As the world’s leading arbitral institution, ICC is adept at handling complex…
Arbitration, BIT, European Law, European Union, ICSID, ICSID Arbitration, ICSID Convention, Interviews with Our Editors, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS
Interviews with Our Editors: Interview with Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes
…of at least excerpts of the ICSID awards), and the development of an amicus curiae provision (used in over forty ICSID cases since 2006). Kluwer Arbitration Blog invited Meg Kinnear,…
CJEU Does Not Buy Wathelet’s Opinion in Achmea – What Is Left Unanswered?
…EU:C:2014:1754), where arbitration of tax disputes was found sanctioned by a Portuguese law. In addition, the AG attempted to draw the analogy with the Benelux Court of Justice discussed in…
How to Disqualify and/or Remove Arbitrators Under Ethiopian Arbitration Law: Is Ethiopian Law on the Right Track?
…rendered. It is impossible to think of arbitration without arbitrators. After all, parties choose arbitration to save time, maintain confidentiality and use the advantage of choosing their own arbitrators and…
Appellate Court Limits “Procedural Loophole” to Enforce Foreign Arbitral Awards in New York Absent Jurisdiction over the Award Debtor or Its Property
…has sharply curtailed “a procedural loophole in Chapter 2 of the Federal Arbitration Act”2)Commissions Imp. Exp. S.A. v. Republic of Congo, 916 F. Supp. 2d 48, 49 (D.D.C. 2013), rev’d…
In a first, English High Court sets aside Investment Treaty Award against Poland
On March 2, 2018, the England & Wales High Court (Court) for the first time set aside an investor-state arbitration award on jurisdiction (Award on Jurisdiction) passed against the Claimant…
The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief
Many arbitration lawyers’ initial reaction to the CJEU’s Achmea judgment resembles the first three of the famous “five stages of grief” (denial, anger, bargaining, depression and acceptance). Some deny Achmea’s…
The Swedish Government Revives Efforts to Modernise the Arbitration Act
…begin modernising the Act. The purpose of the reform was to bring Swedish arbitration law more in line with certain advancements in arbitration and to address some practical gaps –…
The Rule of Law As Created by Arbitrators – An Update on the Discussions At The Recent IBA Arbitration Day in Buenos Aires
At a time when Argentina is looking to modernize its arbitration culture and attract foreign investment, the IBA Arbitration Day held in Buenos Aires could not have been more opportune….
Arbitration, Arbitration Institutions and Rules, Austria, Costs, Costs in arbitral proceedings, Security for Costs, VIAC
New Vienna Rules: Where do you stand on Security for Costs?
Since their inception in 1975, the Vienna Rules (Rules of Arbitration and Mediation of the Vienna International Arbitral Centre) have undergone a number of major reforms keeping them abreast of…
Is Iraq Fully Open for Business? Not Yet, But Very Soon | Iraq Energy Conference 2018
…audience before whom I spoke last year, who were curious to know more about how arbitration (especially investment treaty arbitration and structuring) worked, now displayed a more savvy attitude. Between…
U.S. District Courts Rule Consent Awards Fall Within New York Convention
…the Federal Arbitration Act. The underlying case involved a contract dispute over drilling equipment and services located in waters off the Nigerian coast culminating in an arbitration before the London…
A Preview of the Forthcoming ICCA-Queen Mary Report on Third-Party Funding
As the three co-chairs of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration, we are pleased to announce that the final Report will be launched at the…
The Act is not the entire story: How to make sense of the U.S. Arbitration Act
…business efficient and effective pro-arbitration stance. U.S. courts would enforce international dispute resolution clauses providing for arbitration that may not have been enforceable domestically. The Court had established a federal…
Arbitration Institutions and Rules, Arbitration Proceedings, Expedited arbitration, SCC, SCC Rules, Sweden
Expedited Arbitration at the SCC: One Year with the 2017 Rules
…users to complain of arbitrations that are over-lawyered and overly sophisticated and neither quicker nor more efficient than proceedings in national courts. Expedited arbitration stands in contrast to this trend;…
Navigating Specialist Energy and Natural Resources Arbitration in East Africa
…(PCA). Kenya’s Arbitration Act of 1995 and Uganda’s Arbitration Act of 2000 are based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration….
Les Jeux Sont Faits: Swiss Supreme Court Upholds Investment Treaty Award against Public Policy Challenge in a Gambling Case
…appealed decision was rendered in an investment treaty arbitration against a host state or any other type of international arbitration. It further recalled that, in reviewing jurisdictional decisions pursuant to…