On 17 October 2017, the Swiss Federal Tribunal (Switzerland’s highest jurisdiction) rendered a decision (4A_53/2017) on the challenge of an award rendered in the context of an international arbitration where…
…in relation to (i) the awarding of arbitration costs to QBE and (ii) the order for payment on account of arbitration costs. A challenge made under section 69 of the…
…area of arbitration since the PRC Arbitration Law (1994) was enacted. During the China Arbitration Summit held in Beijing on 20 September 2017, Justice Xuefeng REN, a Presiding Judge of…
…the APCI. • Arbitration Bar and Bench The Committee recommended the establishment of an arbitration bar and arbitration benches in India. The arbitration bar would comprise of arbitrators who will…
…consented to arbitration through a BIT, as in those cases States have “undertaken … the obligation to submit to international arbitration … for the duration of the treaty.” (para. 41)….
…and gas exploration and production agreement, former Total subsidiary Elf Neftegaz has prevailed in the arbitration by having all claims thrown out on 19 June 2017. In the arbitration, the…
…where the arbitration agreement is contained. Respondents contend that the contracts provided by the applicants as the basis for arbitration are not authentic or duly executed, thus non-existent. In particular,…
…investment arbitration cases as result of breaches of the FTA provisions. The same risk exists for the 1,500 bilateral investment treaties (BITs), which the Member States currently have signed with…
…the EPC contracts. The MOUs did not contain arbitration clauses and were terminated before commencing arbitration. Doosan invoked SIAC arbitration under the EPC contracts and the Corporate Guarantee making GCEL…
…Arbitration (SCCA) and enactment of the 2012 Arbitration Law, issued by Royal Decree no. M/34, dated 24/5/1433 H., corresponding to 16/4/2012 G. (new Arbitration Law). These developments reflect a shift…
…(eg the development of model rules), many states have delegated their representation to arbitration practitioners. There was a concern that having states represented by arbitration practitioners in the reform discussions…
…Moscow-based International Commercial Arbitration Court at the Chamber of Commerce and Industry, and the Vietnam International Arbitration Centre also introduced similar expedited arbitration procedures in their revised rules. It remains…
…Mark Backer, Getting a Better Balance on International Arbitration Tribunals, 28 Arbitration INTERNATIONAL 653, 661 at n. 42 (2012). Therein lies the diversity paradox. The key to resolving this paradox…
…transnational body – the Global Arbitration Ethics Council – with its own set of core ethical principles. The council would comprise arbitration practitioners from the major international arbitration associations and…
In January 2018, Kluwer Arbitration Blog will enter its 9th year of existence and we are pleased to see the Blog developing into such a successful forum of international arbitration….
Issue 34/6 ARTICLES SECTION Mauro Rubino Sammartano, A Second (Quasi-Perfect?) Storm Also in Arbitration? Abstract: Many users of international arbitration, particularly in-house counsel, have repeatedly expressed concern about the lack…
…topics”, such as the separability of the arbitration agreement and competence-competence, are now slightly relegated to the past. One of such controversial circumstances is the recent interest that arbitration has…
…enforcement of an ICSID Award in Spain under the new, reformed, legal framework that encompasses the Civil Procedure Law (LEC) and the Spanish Arbitration Act (SAA). The Current Legal Framework…
…Chromalloy and Baker Marine in the US. 1)Hilmarton v. Omnium de Traitement et de Valorisation (OTV) (Supreme Court 1994), in Yearbook Commercial Arbitration XX (1995) (France no. 23), at 663-665,…
…default’. Consequently, disputes arose between the parties, and Satyam invoked the arbitration clause that provided for LCIA arbitration, with laws of State Michigan, United States, as the governing law of…
…which does not have to follow certain arbitration rules. The Opinion allows arbitration in certain locations, with certain arbitration rules and by certain persons, in which certain arbitration rules reflect…
…will have equal force in all other states where it is recognized as in the seat of the arbitration. 13. It is indisputable that arbitration awards from the DIFC will…
…practitioners often consider when choosing arbitration places are known to be a pro-arbitration legal regime and arbitration-friendly courts. In Korea, The Arbitration Act, which closely modeled the UNCITRAL Model Law,…
The latest decision in Bear Creek Mining Corp v Republic of Peru (ICSID Case No. ARB/14/21) presents some interesting takeaways for international investment arbitration case law. This note briefly introduces…
