…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…
…the new generation of IIAs. Currently, at least six Chinese IIAs, namely the treaties concluded with Canada, Australia, Uzbekistan, Cuba, New Zealand, and Tanzania, have officially adopted the mechanism aiming…
…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…
…The conference was opened by Sophie Nappert, on the topic of artificial intelligence (AI) and arbitration. She highlighted that “technology is not a new partner of arbitration”, but now is…
…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…
Article 30 of the 2017 ICC Rules of Arbitration, along with Appendix VI, constitute the Expedited Procedure Provisions (“Provisions”). These new provisions are among the most notable innovations of the…
…provided that either party could refer the dispute to arbitration under Pakistan’s primary arbitration legislation, the Arbitration Act, 1940 (the “Arbitration Act”). Section 20 of the Arbitration Act provides for…
…Kong Arbitration Ordinance (Cap. 609) which came into effect on 1 June 2011 (“Arbitration Ordinance“) expressly provides for statutory duty of confidentiality in arbitration. The 2018 HKIAC Administered Arbitration Rules…
…hiring and evaluate the general legal knowledge of graduates, and secondly arbitration requires knowledge in other substantive legal areas, often including corporate and commercial law. He recommended internships at arbitral…
…News 31 July 2018, https://iccwbo.org/media-wall/news-speeches/icc-court-releases-full-statistical-report-for-2017/ ↑3 See SIAC Rules 2016, Schedule 1, item 8; LCIA Arbitration Rules 2014, Article 9.7; ICC Rules of Arbitration 2017, Appendix IV(f) ↑4 SIAC Rules…
…Agreement provides that contractual disputes should be referred to ICDR for arbitration and UNCITRAL Arbitration Rules should apply. The seat of arbitration should be New York. Thereby, the Court concluded…
The discussion about whether and how the arbitral tribunals can apply the iura novit arbiter (INA) principle has been widely debated in different studies of international arbitration. INA allows the…
…three hours, the panelists discussed the new investment law landscape following the signature of the USMCA. Main Differences Between the Old and the New NAFTA USMCA developments have been previously…
…(a). The rules of arbitration of the Milan Chamber of Arbitration (CAM) include a Code of Ethics regulating the conduct of all arbitrators appointed under the CAM Rules. Art. 12…
…the fundamental rule that provisions of Limitation Act would apply for computation of time period prescribed by any special law only to the extent it is not expressly excluded. The…
Section 16 (1) of the Arbitration and Conciliation Act, 1996 [“the Indian Act”] confers power upon the arbitral tribunal to decide on matters relating to its jurisdiction. Under section 16…
…the 1988 Spanish Arbitration Act. The BAA adopts the monism regime, which means that its provisions apply equally to international arbitration and domestic arbitration. However, the Act is considered modern,…
…(Understanding on Rules and Procedures Governing the Settlement of Disputes, arts. 4.4, 4.7). Also, the DSU rules govern notice, consultations, discovery, panel establishment and proceedings, and report circulation. Furthermore, the…
…outstanding, the Supreme Court rejected India’s set-aside appeal to an interim arbitral award in a satellite telecommunications dispute with Deutsche Telekom. In the UNCITRAL arbitration with seat in Switzerland, the…
…presiding member expertise. PROPOSED LANGUAGE IN AN ARBITRATION CLAUSE The following language, based heavily on language suggested by the London Court of International Arbitration (LCIA) in its Model Arbitration Clause,…
…her own personal experiences, including her first arbitration job at a boutique arbitration firm in Madrid. Ana highlighted the importance of new learnings and mentoring: “Sometimes, you are too young…
…pro-arbitration laws and the rules of their leading institutions, which is to be preferred as an arbitral seat? Starting with Singapore, the little city-state is on steroids when it comes…
