There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…
…contract and the case was submitted to arbitration. As the arbitration proceedings were ongoing, the Mexican Congress amended the statute of limitations for actions arising under public contracts from ten…
…Economic and Trade Arbitration Commission Hong Kong Arbitration Center (CIETAC) released its Guidelines on Third Party Funding in Arbitration. These guidelines set out certain principles of practice and conduct which…
…accordingly, aimed at “moving from current ad hoc arbitration towards an Investment Court.”6) Concept paper “Investment in TTIP and beyond – the path for reform” dated 5 May 2015, p…
…spanned through several rooms, examined various topics: Transparency, privacy and confidentiality in international arbitration, Party selection of arbitrators versus institutional selection in international arbitration, The “Americanization” of international arbitration? Discovery?…
…and negatively affect the funding calculus.1)See Chapter 3: “Litigation Funding in International Arbitration”, in Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law…
…a new publisher: Wolters Kluwer. We are very excited about our new cooperation, which we consider fits well with our aim to be a first-class journal on international arbitration in…
New Zealand now officially opposes investor-state dispute settlement (ISDS), thanks to the election of a new centre-left Labour-led coalition government that took office in October 2017. In a post-Cabinet press…
…also provide comfort to a party compelled to litigate in a foreign court, perhaps due to a pathological arbitration clause or no arbitration clause at all, that a favorable judgment…
…Arbitration (the “Practice Note”), and has thus joined other institutions like the Singapore International Arbitration Centre (“SIAC”) and the Stockholm Chamber of Commerce (“SCC”) in explicitly recognising the arbitral tribunal’s…
…and Middle Eastern countries do not have any prohibition against funding litigation and arbitration. Moreover, arbitration is more and more common in the continent as evidenced by the last ICSID…
…gives companies from one of the Parties the prerogative to initiate arbitration against the government of the other Parties, and establishes that awards issued by Chapter Eleven Arbitral Tribunals are…
…international arbitration as well as domestic arbitration. Duro, argued that each agreement is a sperate agreement containing a standalone arbitration clause and the parties had no intention to consolidate arbitrations….
…respondents have completed the online questionnaire and a significant number of arbitration users have been interviewed. On behalf of the QMUL School of International Arbitration and our partner in this…
Debates about the propriety of investor-state dispute settlement (ISDS) were revived by a recent letter by U.S. academics, which urged the abandonment of ISDS in the renegotiated North American Free…
…unsuccessful party of the rejection or acceptance of the petition, that party had a right to pursue arbitration, with all the rights and procedures that a right to arbitration would…
…dispute.” The question lacks clarity, however, and the “guidance” referred to might refer to mediators’ affirmative directions on dispute resolution options, a “fleshing out” of arbitration procedures facilitated by arbitrators,…
In India, the Arbitration and Conciliation Act, 1996 does not address the question of which categories of disputes are capable of resolution by arbitration, and those that are not. Instead,…
…public interest in controlling the costs of private arbitration: VV v VW [2008] 2 SLR(R) 929 (“VV”) at [31]. Perhaps as a result, in practice, successful parties in arbitration tend…
…The Arbitration and Conciliation Act (ACA), the federal law on arbitration, although not a very modern law, captures the basics of arbitration and provides sufficient material for smooth arbitration practice…
…of a challenged arbitrator. Recent surveys indicate that the Guidelines generally are held in high regard by the members of the arbitration community. A Kluwer Arbitration Blog survey on soft…
The Opinion delivered on 19 September 2017 by Advocate General Wathelet in the case C-284/16 Achmea has already been widely commented on in the international arbitration community. The views are…
…clause should be resolved by arbitration. Drafting arbitration clauses in an LOI It is important to bear in mind that if the parties decide to include an arbitration clause in…
…treated like international commercial arbitration/investor-State arbitration, and State-to-State permanent tribunals respectively. The Tribunal’s only reason was that inter-State arbitration in the instant case was an alternative to the ICJ and…
