…of New Zealand (AMINZ) Arbitration Rules on 22 May 2017, and – the Chinese Arbitration Association, International (CAAI) Arbitration Rules on 1 July 2017. – It is anticipated that the…
…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…
…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….
…agreements’, should they refer their ‘blockchain disputes’ to arbitration? In the author’s view, arbitration is a perfect candidate for resolution of blockchain-based disputes. Arbitration is a non-national and neutral dispute…
…of arbitration news) the community has focused less was one of the headline points from the conference’s first panel – “Mexican Energy Disputes: A New Era”, chaired by Silvia Marchili…
…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…
…inspiration behind her new approach to providing feedback as a judge in the recent ICC Mediation Competition and identifies the impact which this new approach has had. In “The coincidental…
…the State, whose universal recognition is underway. An opportunity to draw new and more suitable economic policies and delimit their international obligations Further, the new BITs negotiated by these countries…
…an indemnity basis (e.g., ICC Rules and LCIA Rules empower tribunals to do so, if the arbitration agreement does not provide otherwise). That may also be insufficient to deter anchoring…
…empirical research on international arbitration. Professor Chris Zorn (Penn State Political Science) has experience in cutting edge data analytics in the legal profession, including as co-founder of Lawyer Metrics. Professor…
…but to preserve the relationship, in which case arbitration might be indicated. Factual or legal disputes I would not suggest that arbitrators cannot deal with legal issues but if the…
…of AI on the legal profession is slowly becoming a hot topic in legal, technology, and academic circles. Conferences in the international arbitration sphere have begun to address how the…
…intent in the Introduction i.e. they do not aim to override any applicable national law or arbitral rules chosen by the parties and are not legal provisions. Generally, they perform…
…yet, these provisions apply only to enforcement measures performed after their entry into force and hence do not apply to the present dispute; nonetheless, as regards State sovereignty and the…
…arbitration the optimal dispute resolution mechanism for new technology disputes. New technologies can thus reinforce arbitral proceedings, and arbitration can provide insurance to these emerging practices – these reciprocal benefits…
…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 23-24 November 2017, the OHADA Council of Ministers adopted a Uniform Mediation Act (UMA) and a new Uniform Arbitration Act (UAA), along with new Arbitration Rules for the CCJA….
…Similarly, India’s new model Bilateral Investment Treaty (BIT) excludes the Fair and Equitable treatment (FET) and Most-Favoured-Nation (MFN) treatment clauses. Before turning to investor–state arbitration, investors must exhaust local remedies…
Introduction Consolidation means combining two or more arbitrations that are pending under a specific set of rules into a single arbitration proceeding. In appropriate circumstances, consolidation has various advantages. Most…
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…
…procedural rules continue to apply before this court chamber, evidence and oral debates can take place in a foreign language, if the judges and the parties so agree. Judges of…
…that the EU’s legal competence currently prevents the UK from concluding new trade agreements to trade outside of the EU. Ultimately, however, the more important issue may be what the…
…Newell’s memoirs, “Captured by a Vision”. Ken (a Presbyterian Church minister in Northern Ireland until his retirement some years ago) played a central role in bringing together representatives of both…
…the markets will continue on current terms. According to the Government, the “UK would intend to pursue new trade negotiations with others during the implementation period.”2) Preparing for our future…
