…new Convention confirmed and strengthened the preferential relations between Belgium and Luxembourg within the legal framework of the BLEU2)SOMERS Eduard, Belgium-Luxembourg Economic Union, Max-Planck. This preferential relation is acknowledged by…
…“Litigation Funding in International Arbitration”, in Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law Library, Volume 35 (Kluwer Law International; 2016) p….
…Reinisch August, The Role of Precedent in ICSID Arbitration, Austrian Arbitration Yearbook 495-510 (2008). Although the Terra Raf Trans Traiding case is not an ICSID case (since it was administered…
…will be offered to the Permanent Court of Arbitration and other international arbitration institutions. The new rules could also be used in arbitration proceedings that the parties manage themselves on…
…states’ legislation on arbitration. Apart from certain controversial proposals regarding the increased regulation of arbitration, the new legislation is a significant step forward in the development of a more arbitration-friendly…
…Ministry of Railway, New Delhi V. Patel Engineering Co. Ltd.5)(2008) 10 SCC 240 and the provisions of the pre-amendment act, the terms of the arbitration agreement ought to be adhered…
…On Negotiating in Interesting Times, Ian Macduff identifies the “natural experiment” afforded by New Zealand’s new coalition government which, as Ian notes, will govern only though constant negotiation and collaboration….
…1 July 2019. Competent authorities of Member States may agree to apply the Directive to cases submitted earlier or to earlier tax years. The directive supplements the EU Arbitration Convention…
…arbitration proceedings is to launder money. Third, and this could coincide with the second scenario where the entire arbitration is fabricated, the arbitration may be financed by illegal activities, e.g….
…Court delivered a judgment which illustrates that investors may need to cope with new substantial risks, to which investment treaties may not have a remedy and which the investors may…
…common group arbitrations are in practice. Therefore, I invite the avid readers of the Kluwer Arbitration Blog to share their experiences with group arbitration proceedings in the comment section below….
…the banks’ preference for mandatory arbitration in disputes. (This in spite of some evidence the consumer actually does better in its claims in arbitration than in a class action in…
…extinct institutions or even rules that the parties decide to classify as such. Furthermore, the adoption of “arbitration rules” does not automatically imply that the arbitration is administered by an…
…new appointees are women. The new appointees are all highly qualified, solid and respected lawyers. The new appointees to the Panel of Arbitrators are Funke Adekoya, partner at ǼLEX Legal…
…the legislative requirement for reasons in New Zealand’s Arbitration Act (reflecting the UNCITRAL Model Law) and explained the purpose and nature of that requirement. In doing so, the Court drew…
…absence of a provision in the arbitration agreement or arbitration rules? What role does the law of the seat of arbitration play in this matter? When the applicable law applicable…
…of certain States to regulate—and even ban—cryptocurrency investment means that investment arbitration may well yet be deployed as a means to resolve regulatory disputes. Arbitration as a means of resolving…
…of Arbitration) of the CCC. A. Argentina’s Current Arbitration Legal Framework: A Need for Reform. Argentina’s arbitration legal framework is fragmented and outdated. As opposed to other Latin American countries,…
…refused to accept ISDS provisions in new trade agreements and 2016’s general election saw the largest opposition party publicly opposed to including ISDS provisions in future agreements. When coupled with…
…in the previous post, a country can consent to arbitration by treaty, but also by contract. Ecuadorian law still allows the Government to consent to international arbitration in certain instances….
…Rules are a modern set of institutional rules, which are in line with the rules of other leading arbitral centres and now offer parties emergency arbitration, expedited procedure, and interim…
…litigation and arbitration, the survey responses appear to highlight a lack of appreciation for many of the benefits of arbitration, particularly in regards to international arbitration. Understandably, the US technology…
…of international arbitration, with the launch of the 2018 International Arbitration Survey. International arbitration is the natural choice for resolving business disputes because it is able rapidly to evolve in…
…used in the UNCITRAL Arbitration Rules 1976 or 2013; cf. art. 40(1) and (2) Swiss Rules; art. 35.1 and 37 SIAC Rules; art. 35.2 DIS Rules; art 34 ICDR Rules),…
