…ICSID arbitration or ad hoc arbitration under UNCITRAL rules. In conclusion, although Zimbabwe continues to face claims because of its illegal expropriation of white farmers, it at least made a…
…class action, class arbitration or other representative action. Arbitration provides a quick and cost effective mechanism for resolve disputes, but you should be aware that it also limits your rights…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: Assistant Editor for Europe, Assistant Editor for Asia (Hong Kong and PR…
…federal court. She has experience in arbitral proceedings under the arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the International Centre for Dispute…
…contract and arbitration law merit the careful consideration of the Supreme Court. 2. The 2015 Amendment to the Indian Arbitration and Conciliation Act, 1996, and its pro-arbitration tenor could also…
…the arbitral tribunal. However, in Indian law confusion has arisen as to whether the courts can at a pre-arbitration stage, i.e., at the time of referring parties to arbitration in…
…of the arbitrator. The arbitration clause here provided that, any dispute connected to the agreement is to be referred to sole arbitration of one party’s (Respondent’s) Managing Director (subsequently…
…Courts in relation to the recognition and enforcement of a New York Convention award rendered in London under the London Maritime Arbitration Association (LMAA) Rules. The award found in favour…
…arbitration courts (the Permanent Arbitration Court for Energy Matters and the Permanent Arbitration Court for Money and Capital Markets) to form the “Commercial Arbitration Court”. This new arbitration institution will…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: Assistant Editor for Europe, Assistant Editor for Asia (Hong Kong and PR…
…comments made in 2007 to the draft Norwegian model BIT: “[t]he point of departure for the work on a new model agreement has been that the Arbitration Tribunal shall only…
…on the other hand, can also give their consent in a number of fashions, e.g., by initiating arbitration. This is what Jan Paulsson calls “arbitration without privity”, and it consists…
…they have a limited impact on the arbitration system in the country. The US Supreme Court’s stance on arbitration is also unlikely to be affected by Trump’s appointment of Justice…
…if they are covered by the same arbitration agreement or by several compatible arbitration agreements referring the claims to MAC, and are connected from the view point of substantive law,…
…an award issued by the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (“ICAC”). The arbitration award had been set aside by a…
…holding the CHF at 1.20 to the Euro, by promising to buy unlimited quantities of foreign currencies, thus forcing down its value to foster exports. To any investment arbitration practitioner,…
…Opinion, para. 134). 1. Possible political goals If adopted, such opinion would possibly lead, as observed by Nikos Lavranos, to an “Europeanisation” of investment-State arbitration and would be integrated by…
…to address cybersecurity risks in a consistent and sustainable way. Doing so provides an opportunity for arbitral institutions to advocate for institutional arbitration (as opposed to ad hoc arbitration) and…
…party funding, diversity in arbitration and espionage tactics in arbitration; “The Machine Arbitrators” – appointing authorities, the EU’s role in investment arbitration and the automation of arbitration; “The Languages” –…
…transparency have been answered in the investment realm by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration and…
…of the BITs offer options, at the investor’s choice, between arbitration under ICSID Arbitration Rules and ad hoc UNCITRAL Arbitration Rules. The Cambodia-Croatia and the Cambodia-Netherlands BITs further include the…
…Arbitration Act 1974 (Cth), which governs all international arbitration proceedings in Australia. The amendments aim to both address uncertainties in Australia’s arbitration landscape and keep Australia in line with leading…
…With this general background in mind, the China Arbitration Week, with the generous support of CIETAC, hosted the first “Portuguese Arbitration Day” in Beijing this last 18 September. With the…
…and others v. Albania arbitration (ICSID Case No. ARB/15/28, Order on Provisional Measures, 3 March 2016) (the “PMO”). This arbitration was commenced by three corporate claimants and four individual claimants,…
