New OHADA Arbitration Text Enters Into Force
The revised OHADA Uniform Act on Arbitration (the Arbitration Act) and revised Rules on Arbitration of the Joint Court of Justice and Arbitration (the CCJA) (the Rules), as well as…
Search Results for: efficient arbitration
Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
…The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There is now online mediation, online arbitration, and even arbitration utilising the same blockchain…
Arbitration as a Market
…about how the younger generation can break into the arbitration market. The overarching topic of the 5th Cambridge Arbitration Day was ‘Arbitration as a Market’. Academics and arbitration practitioners discussed…
Africa, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, International arbitration
Impact of Foreign Direct Investment on Arbitration in Africa
…developments have also led to an upsurge in arbitration laws of African countries (Nigeria and South Africa arbitration acts) and revamping of arbitration rules. Moreover, organisations such as the Organization…
Nordic Offshore and Maritime Arbitration Association (NOMA): Could the Nordic Maritime Model Attract a Wider Audience?
…association. One way that NOMA tackles the perennial issue of ensuring efficient and quick proceedings is by streamlining international texts. For instance, as compared to the UNCITRAL Arbitration Rules on…
Advocacy, Arbitration, Book Review, Contract Drafting, Risk Management, UNIDROIT Principles of International Commercial Contracts
The Future for Cross-Border Contracts: In combination with Arbitration Clauses, the UNIDROIT Principles of International Commercial Contracts provide a Practice-Proven Bridge between Common and Civil Law
…Arbitration which has been integrated into many domestic arbitration laws). Thus, if the choice of the UNIDROIT Principles is combined with an arbitration clause, there is no danger of any…
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
…revised legislation incorporated pro-arbitration case law established by Brazilian higher courts over the years, responding to an increasing demand for arbitration to resolve disputes in Brazil. Some of the significant…
Revisiting Anti-Suit Injunctions Post Brexit: Some Lessons from the US
Background UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration…
Legitimate Expectations in Renewable Energy Treaty Arbitrations: The Lessons So Far
The initially alluring and subsequently vehemently amended incentives for investments in renewable energy projects across Europe have given rise to a significant number of arbitration claims brought on basis of…
Consolidation of Arbitral Proceedings and its Ramifications on a Party’s Right to Challenge the Jurisdiction of the Tribunal and the Arbitral Award
The potential ramifications on a party’s right to challenge an award made in a consolidated proceeding should inform a party’s decision to adopt institutional rules or national arbitration laws that…
Achmea, Arbitration, Energy, Energy Charter Treaty, European Commission, European Union, Italy, Spain
Novenergia v. Kingdom of Spain, the ECT and the ECJ: Where to now for intra-EU ECT claims?
…claims under the ECT being determined by the arbitration mechanism specified in the ECT. The EU clearly has the power to enter into arbitration agreements – c.f. the EU’s free…
Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration
The Structural Implications of Belt-and-Road Arbitration: China’s Legal Gamble across Eurasia
…whole is considered, it must be noted that China still favors mediation (usually state-to-state driven) as a manner of solving disputes, seeing arbitration as a measure of last resort. Nonetheless,…
Tips from the Top: Young ICCA interviews Augustin Barrier, Lalive
1. What drew you to the world of International Arbitration? I never had an epiphany regarding International Arbitration. I was drawn to it one small touch at a time, during…
After Achmea: The Need for an EU Investment Protection Regulation
…way forward for an effective investment and investor protection within the EU. Now that the CJEU decided that investment treaty arbitration based on intra-EU BITs is not compatible with EU…
The Death of ISDS?
…that it is based on a model of commercial arbitration with ad hoc tribunals consisting of party-appointed arbitrators and limited oversight even though it implicates public law and policy. These…
Is International Arbitration in a Race to the Top?
…arbitration month!), as well as Oxford and most recently Cambridge. Law school arbitration days bring a unique energy, eagerness, and curiosity to the otherwise constant drumbeat of international arbitration events….
Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 2 of 2)
…awards emanating from international arbitration and awards emanating from domestic arbitration, respectively), a party to an arbitration is entitled to request the arbitral tribunal to make an additional award. This…
Announcement, Arab World, Arbitration, Enforcement, foreign direct investment, Iraq, New York Convention, World Bank
Finally, Iraq Says Yes to the New York Convention
…investors need assurance that if any disputes arise, they will be resolved in a neutral forum (arbitration) and that the resulting award will be enforceable in the local courts, and…
Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 1 of 2)
…where the arbitration took place” (under Article 34(2)(a)(iv) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) for awards emanating from international arbitration; section 48(1)(a)(v) of the Singapore…
Africa, stand up for Africa
…more of these centres. The Arbitration Foundation of South Africa (AFSA) has potential to become a powerhouse in international arbitration in southern Africa. Its strong domestic arbitration caseload demonstrates that…
Hungary: New Arbitration Rules of the HCCI
Following the entry into force of the new act on arbitration (Act LX of 2017 on Arbitration, the “Act”) this year, the Arbitration Court attached to the Hungarian Chamber of…
Arbitration, Arbitration Institutions and Rules, Arbitration Pledge, Arbitrators, Belt Road Initiative, Diversity, Technology
10 Hot Topics for International Arbitration in 2018
2017 was yet another significant year for international arbitration. Many arbitral institutions amended their arbitration rules, including: – the Stockholm Chamber of Commerce (SCC) Arbitration Rules and Singapore International Arbitration…
The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!
…the BIT’s arbitration clause to the CJEU for a preliminary ruling, thereby offering its view that the arbitration clause was not contrary to the provisions of the TFEU. AG Wathelet’s…
FAI Arbitral Tribunal’s Decision concerning the Disqualification of Counsel in Arbitral Proceedings
…do not apply as such to this international arbitration. The Arbitral Tribunal further notes that neither the Finnish Arbitration Act nor the FAI Rules contain provisions similar to the FPC….