Emergency Arbitrators in Investment Treaty Disputes
…clause, before which arbitration can be initiated. Under a plain reading of such provisions, an investor has to file a claim in the domestic court of the respondent and wait…
Search Results for: supreme arbitrazh court
AQZ v ARA: Singapore High Court Upholds Award Made under SIAC Expedited Procedure
…ARA, the Singapore High Court correctly recognized the discretion accorded, under the parties’ chosen arbitration rules, to the SIAC Court President on the number of arbitrators to be appointed in…
Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of Appeal’s Finding that the Tribunal Lacked Jurisdiction
It is well known that the Singapore Court of Appeal refused enforcement of Awards in favour of Astro in 2013 (discussed here), on the grounds that the tribunal lacked jurisdiction…
To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts
…Beijing Chaolaixinsheng case is the first occasion on which China’s Supreme People’s Court (SPC) has confirmed that arbitral awards are unenforceable in China where purely domestic contracts provide for arbitration…
Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism
…challenge arbitral awards and related judgments (e.g. judgments regarding annulment proceedings against arbitral awards) and constitutional norms were extensively interpreted to expand the powers of the Constitutional Court due to…
Arbitration clause, Dubai, Enforcement of an arbitration clause, Middle East, UAE, Unilateral Clauses
Unilateral Option to Arbitrate: Valid in the UAE?
…agreement to arbitrate, but with an option only available to the bank to sue in any court of competent jurisdiction (or sometimes a specific court) together with a waiver of…
Mass Claims in Investment Arbitration- The Need of the Hour
…thus giving the agency “the first bite at solving categories of common problems that otherwise may never receive a hearing in federal court or—worse yet—reach federal court without counsel capable…
Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts
…to the majority of authorities in Europe, the judgment of the court should be centred not so much on the form of the agreement but rather on the substance of…
Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics
SIAC Announces a New President and Releases its 2014 Results
SIAC ended speculation as to who would succeed Dr Michael Pryles as the next President of the SIAC Court of Arbitration by announcing, at the SIAC Annual Appreciation Event on…
Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations
…decisions, enforceability of the dispute board provisions in a contract has also recently been elaborated. Here the Swiss Supreme Court in its decision dated 7 July 2014 (Case no. 4A…
The Challenge of the Yukos Award: an Award Written by Someone Else – a Violation of the Tribunal’s Mandate?
…as the Supreme Court noted that “[d]ue to the arbitrators’ professed incapacity to decide issues other than technical construction problems, it amounted to delegating a third person to formulate the…
The New Dutch Arbitration Act 2015
…award with the registry of the relevant court, unless the parties agree to such requirement. Limited/streamlined court involvement: The Dutch legislator sought to limit and streamline the Dutch courts’ involvement…
Arbitration Agreement the New Zealand Way
…is on an aspect of the Supreme Court decision which has recently been the centre of two German Supreme Court decisions. The issue in Carr v Galloway arose in regard…
Review of Class, Mass, and Collective Arbitration in National and International Law, by S.I. Strong
…of Professor Strong’s work is the manner in which it confronts foundational questions about the nature of arbitration. Departing from the U.S. Supreme Court’s statement in Stolt-Nielsen S.A. v. AnimalFeeds…
Arbitration in Kuwait: Time for Reform?
…Law stipulates that the administrative secretary must be a staff member of the Court of Appeal and the hearing should take place at the Court of Appeal, unless the presiding…
What is an Arbitration, and Does it Really Matter? (An Australian Perspective)
…documents to the Tribunal. The proceedings before the Supreme Court relied upon section 27A of the Victorian Commercial Arbitration Act 2011, which provides that the Supreme Court may issue a…
CIETAC’s New Arbitration Rules 2015
…cases, the issue will not be laid to rest until definitive guidance on this matter is issued by the Supreme People’s Court of the PRC. Structural changes – the CIETAC…
Appeal, Arbitration Agreements, Burden of proof, Court of Arbitration for Sport, Domestic Courts, European Union, Germany
Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal
The Pechstein decision of the Munich Court of Appeals (Oberlandesgericht) of January 15, 2015 has made headlines (see here and here). The Munich court refused to recognise an arbitral award…
The Collateral Effect of an International Arbitration Award: A Capital Markets View
…list the following event of default: “…there shall have been entered against the Republic…a final judgment, decree or order by a court of competent jurisdiction from which no appeal may…
Singapore Court Reviews Investment Arbitral Tribunal’s Decision On Jurisdiction: What Standard Should Apply As to Evidence?
…and were produced for the first time in the court proceedings. For the purposes of this post, the authors will only focus on an issue arising from the High Court’s…
Arbitration, Arbitration Institutions and Rules, DIFC, Dubai, Middle East, Uncategorized, United Arab Emirates
Ruler appoints new Chairman of DIAC Board of Trustees
…executive management, the DIAC counts true arbitration prominence, such as the doyen of international arbitration Martin Hunter of Essex Court Chambers in London and former Director Nassib Ziade, who held…
BIT, Energy Charter Treaty, European Commission, European Law, European Union, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
EU Law and Investment Law: Two Worlds Apart?
…as), similar to the one which the European Court of Human Rights and the CJEU have been using to accommodate their co-existence as supreme courts within their respective legal systems….
Are a Bilateral Investment Treaty Arbitration and a Proceeding Before the European Court of Human Rights Compatible?
Although a bilateral investment treaty (“BIT”) arbitration and an application made before the European Court of Human Rights (“the Court”) could, at first glance, present opposite objectives, investors alleging a…
More Than a Friend of the Court: The Evolving Role of the European Commission in Investor-State Arbitration
…“the friend of the court should not be the friend of one of the parties”. (A. Mourre, Are Amici Curiae the Proper Response to the Public’s Concerns on Transparency in…