…cross-border trade more transparent, efficient and cost-effective. In many of those industries, arbitration is currently the prevailing mechanism for resolving commercial disputes. As users of arbitration are rushing to understand…
The 5th Annual ITA-IEL-ICC Joint Conference on International Energy Arbitration was held in Houston last month, and the focus was on the year past and the year ahead in the…
…Indonesian government enacted the Arbitration Law. The contents of the Supreme Court regulation are more or less similar to the provisions of the Arbitration Law concerning the enforcement of foreign…
…Soviet Union. ISDS by arbitration The inclusion of arbitration as investor-State dispute settlement (ISDS) mechanism is desirable both for investors and the countries with limited recognition. For the former, it…
…how cognitive biases fool us into making suboptimal decisions. In December 2017, PwC updated its International Arbitration damages research (“PwC Research”). It reviewed multiple international arbitration proceedings with the view…
…by arbitration practitioners who share AI’s belief that more information about arbitrators will improve international arbitration for all. In particular, young and diverse arbitrators see the value of breaking the…
…in itself, I suggest. Instead, they are issues which are not commonly thought of by many as being considered by in-house counsel in choosing between arbitration and litigation and would…
…entire arbitration process. For example, it could recommend drafting suggestions for arbitration clauses, helping clients and lawyers identify blind spots and bulletproof their interests. Parties could agree to use AI…
The IBA Guidelines on Conflict of Interest in International Arbitration (hereafter, Guidelines) have gained widespread legitimacy across jurisdictions and types of arbitrations. The Guidelines lay down General Standards (Part I)…
The views expressed herein are the personal views of the authors and do not reflect those of their law firm. In France, until recently, rules governing the issue of sovereign…
…brought under this Agreement, was twofold: (1) whether investor-state arbitration is contemplated in the OIC Investment Agreement; and (2) whether the consent to arbitration contained in Article 17 is binding….
…governed by special statutes, cannot be the subject-matter of arbitration, a similar case which falls under the TP Act cannot be a subject-matter of arbitration either. In Ambuja Neotia Holdings…
…on OHADA arbitration in recent years and reflect current trends in international arbitration (including promoting CCJA investment arbitration), one fails to be completely reassured that all is now well with…
…mean a leap from the current regime of ad hoc investor–state arbitration included in around 3200 investment treaties in force today towards a WTO-like multilateral system. Such a radical shift…
…arbitrations are brought under the same arbitration agreement; or (3) where the claims in the arbitrations are brought under different arbitration agreements, if (i) the disputes in the arbitrations arise…
The new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit – “DIS”) will enter into force on 1 March 2018 (“DIS Rules 2018”). It is the…
…hopes to benefit from the eminent place it already occupies in international arbitration and litigation. The ICC and its Arbitration Court are based in Paris and the only ICSID hearing…
…is that arbitrators are appointed by the parties. But both make final and binding decisions. According to the contractual theory, the arbitration agreement is the most important element of arbitration….
…Germany. The agreement included an arbitration clause, providing for arbitration of disputes in Beit Din in Israel (Beit Din is an institutional arbitration court based on Jewish law). When the…
The U.S. Court of Appeals for the Ninth Circuit has enforced an arbitration clause in a maritime insurance policy, finding the policy subject to the Federal Arbitration Act, and not…
…of unenforceable arbitration agreements, the German arbitration Institute (“DIS“) has developed a model arbitration clause and Supplementary Rules for Corporate Law Disputes (“DIS-SRCoLD“), which incorporate the Arbitrability II criteria. Due…
…situation following the 2012 split of its Shanghai and Shenzhen sub-commissions to form the Shanghai International Economic and Trade Arbitration Commission (“SHIAC”) and South China International Economic and Arbitration Commission…
…from a practical, theoretical, and comparative perspective. Factual Background The underlying arbitration was filed in June 2011 under the Japan Commercial Arbitration Association’s Commercial Arbitration Rules (“JCAA Rules”) and was…
…represents the most remarkable aspect of the Opinion for the arbitration community. This position, extensively analysed by the preceding posts and not further discussed here, clashes with the long-standing claim…
