The Three Hottest Energy Arbitrations of 2017
…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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Non-existence of Contract: An Often Raised Challenge at Recognition and Enforcement Stage in China
…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,…
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
…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…
Delhi High Court’s decision in GMR v. Doosan: Two steps forward, two steps back?
…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…
Judicial Reform in Saudi Arabia: Recent Developments in Arbitration and Commercial Litigation
…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…
Mind the Label: Loyalists and Reformists and ISDS
…(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…
Artificial Intelligence, HKIAC Rules, Investment Arbitration, NAFTA, SCC Rules, Singapore, Summary Judgment, Summary procedure, Third party funding, TPPA
2017 Year-in-Review: Top 5 in International Arbitration
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…
The Key to Unlocking the Arbitrator Diversity Paradox?: Arbitrator Intelligence
…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…
The Quest for Uniformity in Ethical Standards for Party Representatives in International Arbitration
…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…
From the Editors of Kluwer Arbitration Blog: 2017
…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…
The Contents of Journal of International Arbitration, Volume 34, Issue 6, 2017
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…
The Duty of Disclosure and Conflicts of Interest of TPF in Arbitration
…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…
How to Enforce an ICSID Award in Spain: The Legal Framework, the Competent Authority, and the Procedure
…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…
Enforcement of Annulled Awards: A Restatement for the New York Convention?
…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),…
Has the Public Policy Exception Returned to Haunt Indian Courts?
…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…
Recent Development of Ad hoc Arbitration in China: SPC Guidance and Hengqin Rules
…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…
The DIFC Courts as a Conduit: Saving Grace or Just a Lifeline?
…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…
Korean Government’s Vigorous Move to Nurture Arbitration “Industry”
…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,…
Four Key Takeaways of the Decision in Bear Creek Mining Corp v Republic of Peru
…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,…
Arbitration, Arbitration Proceedings, Enforcement, Enforcement of an arbitration clause, International arbitration, Set aside an arbitral award, Set aside an international arbitral award, Turkmenistan
Law of Foreign Arbitration in Turkmenistan: An Introduction
…on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minks, 1993). The regional conventions regulate and provide rules on various aspects of legal cooperation on the matters…
The Arbitrability of Oil & Gas Disputes under Brazilian Law
…instated clear provisions on relevant topics such as interim measures, the effects of arbitration agreements contained in a company’s bylaws before its shareholders, and arbitration involving public entities. In addition,…
Does The Enforcement Of Annulled Foreign Arbitral Awards In The United States Come Down To Normative Judgments?
…their dispute to arbitration subject to the rules of the Common Court of Justice and Arbitration (“CCJA”). The CCJA fixed the arbitrators’ fees at €61,000, however, after over a year…
Third-Party Funding In International Arbitration: To Regulate Or Not To Regulate?
…Economic and Trade Arbitration Commission Hong Kong Arbitration Center (CIETAC) released its Guidelines on Third Party Funding in Arbitration. These guidelines set out certain principles of practice and conduct which…
Towards a Post-Arbitration Age: The European Commission’s Fast-Track Reform of Investment Dispute Settlement
…dispute settlement mechanism. In negotiating the envisaged Convention, the EC will have to safeguard that the new instrument is compatible with the legal order of the European Union. While there…