…each of TransAtlantic’s arguments. The court declined to apply a de novo standard of review, first noting that at least two Southern District of New York decisions have treated American…
…insurance and investment arbitration: the interplay Many attendees of the lecture questioned the precise interplay between investment arbitration and political risk insurance. Traditionally, the investment community views recourse to investment…
…of the change to the new regime” (paragraph 393). To the extent that this harsh general view of the new regulatory regime is shared by future arbitral panels, they may…
…on the assets and costs of a hypothetical efficient plant. The result: a deluge of arbitration claims filed by foreign investors against Spain. Analogous, although not identical, measures have been…
…Law, serious concerns were expressed with respect to the recommended provisions on termination for compelling reasons. Several other voices within the UNIDROIT Governing Council joined to oppose these provisions, and…
…legal services in an international commercial arbitration within California must be a member in good standing of a recognized legal profession in his/her home country and must be subject to…
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award….
…issue is also expressly dealt with in some arbitral procedural rules. For example, both the Institution of Civil Engineers Arbitration Procedure (rule 5.2) and the Construction Industry Model Arbitration Rules…
…arbitration by the KCAB, but did not specify which set of the KCAB’s rules would apply. The KCAB has two sets of arbitration rules: domestic and international. One of the…
…early stage. This is because if your company is filing an arbitration for recovery of outstanding sums and the matter is relatively complex it may be fitting to have a…
The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018. The…
…speaker on international arbitration and the development of legal services on a global level. Michael Lazarus is the Director of the U.S Center of the Stockholm Environment Institute and has…
…involved less than a dozen legal practitioners, was organised by Frederico Singarajah, and was chaired by Peter Goldsmith QC. Aptly, it focused on third party funding in the arbitration sector….
…longer apply to arbitration, mediation or proceedings before the court connected to the arbitration. In its response to the consultation, The Hong Kong Bar Association (HKBA) commented: ‘Hong Kong can…
…interim measures” (Article 26). Article 25 of the Arbitration Rules of the London Court of International Arbitration (LCIA) provides that the arbitral tribunal is empowered to order appropriate interim measures….
…initiatives in the Caribbean islands has marked the last decade. To start with, arbitration benefits from great promotion in the region. Lately, new arbitration institutions have been created in the…
…uncomfortable with the States having the power to decide which disputes are worth taking to arbitration and interfering in the conduct of the case. However, the ACFIs have the advantage…
…while courts “may invalidate an arbitration agreement based on ‘generally applicable contract defenses,’” they may not do so based on “legal rules that ‘apply only to arbitration or that derive…
…a crucial decision in the process of arbitration. Parties to arbitration now rely on informal and anecdotal information, which in this age of open access to information is quite unheard…
From the mediation of sports disputes to a recent mediation law in Brazil and onto lessons learnt from teaching mediation and negotiation courses in universities in Germany and New Zealand,…
…2013 IBA Guidelines, and the Guidelines for Party Representatives annexed to the 2014 LCIA Arbitration Rules. Less addressed are questions of who should regulate professional ethics in international proceedings and…
…for the Department of International Trade stated that “The government does not believe that the UK’s decision to leave the EU will provide grounds for valid legal claims under our…
Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”1)Pudd’nhead Wilson’s New Calendar, in Following the Equator (1897). The Merriam Webster dictionary…
…G. Henriques, ‘I Will Not Go That Way: What The International Public Policy Of The Portuguese State Is Not’, in MEALEY’S International Arbitration Report Vol. 30, 2 February 2015) Although…
