International Arbitration in a Time of Global Upheaval
A few weeks ago, the day before the Obama Administration and the EU announced dramatic new sanctions against Russia, an international tribunal announced a $50 billion award against Russia in…
Search Results for: artificial intelligence
Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
Piloting Arbitrator Intelligence
…arbitrators presided, publications, related commentaries and structured feedback from users and counsel. The resource’s new working title—Arbitrator Intelligence—reflects this broader ambition. To initiate Arbitrator Intelligence, we will be launching a…
Arbitration Awards, Domestic law, France, ICC Arbitration, New York Convention, Set aside an international arbitral award, State entity, United Arab Emirates
Recent ruling of Dubai Court of Cassation on enforcement of foreign arbitral awards: Back to square one it is …
…[Sub]paragraph (d) of the second clause of Article 93 of the [UAE] Civil Transactions Law provides that ‘an artificial person shall have an independent domicile, where such domicile shall be…
The Rompetrol Group NV v Romania – treaty protections triggered by maltreatment of company officers
…clearest example of conduct that lacked sufficient connection to the investment, the Tribunal found that whilst the wire-tapping by the Romanian Intelligence Service had been devoid of the necessary threat…
The Umbrella That Won’t Open
…see how it could be concluded that ‘the fundamental basis of the claim’ was the BIT rather than the Contract. Any other approach strikes us as being so artificial as…
Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data
The International Arbitrator Information Project: From an Ideation to Operation
In a recent post, here, I argued that the time has come to move on from the gumshoe clue-hunting approach currently employed to select international arbitrators. Existing practices are severely…
Appointment of arbitrators, Arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data
The International Arbitrator Information Project: An Idea Whose Time Has Come
…arbitrator. In part, these respondents were inevitably commenting on an arbitrator’s overall reputation for integrity, intelligence, and acumen. In addition, however, they were likely commenting on an arbitrator’s reputation regarding…
India gives Hong Kong a golden opportunity
A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India…
Arbitration, Arbitration Awards, Damages, Damages experts, Fair market value, International arbitration
Valuation approaches and the financial crisis. Part 1 – market methods
…the valuation to create an artificial comparability. A second difficulty is that historical transaction values may not reflect current values and, as we know, market sentiment can change quickly. The…
A Few Words On The Tension Between Efficiency And Justice
…by the proponent’s and opponent’s counsel. Certainly important issues such as good faith, bad faith, intent, and a witness’ fluency, arrogance and intelligence (all of which can bear on the…
A Few Words On The Tension Between Efficiency And Justice
…intent, and a witness’ fluency, arrogance and intelligence (all of which can bear on the proper interpretation of letters, emails and contracts that are offered in evidence) are best appreciated…
Swiss Federal Tribunal rejects multiple standards of independence and impartiality among arbitrators
…of an artificial “super independent and impartial” standard applicable only to CAS arbitrators.** * The claimant filed a challenge against such decision before the Swiss Federal Tribunal. The Court dismissed…
Africa, Arbitration Agreements, Arbitration Awards, Arbitrators, Europe, International Legal Theory and Teaching, Legal Practice
The Arbitrator as Diplomat
…inoffensive, obscure, inadequate and artificial. “We should not close our eyes to the fact that … the decision is a compromise, a triumph of diplomacy transferred from the foreign office…
New International Commercial Mediation Rules in Japan
…be able to point to the artificial nature of the ‘arbitration award’ given that the New York Convention clearly anticipates that there would be an actual arbitration. That said, consent…
The Nature of International Arbitration
…attributes of cosmopolitanism, professional competence and emotional intelligence. The people in the arbitration world are a fascinating lot, and we hope to make this new forum as interesting a venue…
Editorial Policy & Guidelines
…you have used Artificial Intelligence (“AI”) in the preparation of your post, please disclose how AI has been used and confirm that your post continues to meet the blog’s requirement…