ISDS in NAFTA – and ISDS alternatives
…less risky and cheaper for U.S. firms to relocate offshore by guaranteeing privileged treatment for firms in Mexico and Canada and by providing for the enforcement of these new rights…
…less risky and cheaper for U.S. firms to relocate offshore by guaranteeing privileged treatment for firms in Mexico and Canada and by providing for the enforcement of these new rights…
…composed of three representatives from trade union signatories, three representatives from company signatories, and a representative chosen by the International Labour Organization as “a neutral chair and independent advisory member”…
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of…
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,…
…(the “Registrar”) in taxing the costs of the arbitration is not stated in the IAA, but is left to the Rules of Court (the “Rules”). Although the position is not…
…Increase in the number of qualified practitioners: Although arbitration is not specific to legal practice, its practice in Nigeria is dominated by the legal profession. With legal practice being so…
…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…
…these treaties, are against the EU law. This ‘legalization’ of intra-EU investment arbitration is a pragmatic necessity, and a logical requirement for the proposed deal. Legal purity of reasoning in…
…enforceability of the arbitration clause will depend on its validity as analyzed under the applicable rules. According to the 1958 New York Convention, the validity of the agreement will be…
…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…
…new Convention confirmed and strengthened the preferential relations between Belgium and Luxembourg within the legal framework of the BLEU2)SOMERS Eduard, Belgium-Luxembourg Economic Union, Max-Planck. This preferential relation is acknowledged by…
…“Litigation Funding in International Arbitration”, in Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law Library, Volume 35 (Kluwer Law International; 2016) p….
…Reinisch August, The Role of Precedent in ICSID Arbitration, Austrian Arbitration Yearbook 495-510 (2008). Although the Terra Raf Trans Traiding case is not an ICSID case (since it was administered…
…will be offered to the Permanent Court of Arbitration and other international arbitration institutions. The new rules could also be used in arbitration proceedings that the parties manage themselves on…
…states’ legislation on arbitration. Apart from certain controversial proposals regarding the increased regulation of arbitration, the new legislation is a significant step forward in the development of a more arbitration-friendly…
…Ministry of Railway, New Delhi V. Patel Engineering Co. Ltd.5)(2008) 10 SCC 240 and the provisions of the pre-amendment act, the terms of the arbitration agreement ought to be adhered…
…On Negotiating in Interesting Times, Ian Macduff identifies the “natural experiment” afforded by New Zealand’s new coalition government which, as Ian notes, will govern only though constant negotiation and collaboration….
…1 July 2019. Competent authorities of Member States may agree to apply the Directive to cases submitted earlier or to earlier tax years. The directive supplements the EU Arbitration Convention…
…arbitration proceedings is to launder money. Third, and this could coincide with the second scenario where the entire arbitration is fabricated, the arbitration may be financed by illegal activities, e.g….
…Court delivered a judgment which illustrates that investors may need to cope with new substantial risks, to which investment treaties may not have a remedy and which the investors may…
…common group arbitrations are in practice. Therefore, I invite the avid readers of the Kluwer Arbitration Blog to share their experiences with group arbitration proceedings in the comment section below….
…the banks’ preference for mandatory arbitration in disputes. (This in spite of some evidence the consumer actually does better in its claims in arbitration than in a class action in…
…extinct institutions or even rules that the parties decide to classify as such. Furthermore, the adoption of “arbitration rules” does not automatically imply that the arbitration is administered by an…
…new appointees are women. The new appointees are all highly qualified, solid and respected lawyers. The new appointees to the Panel of Arbitrators are Funke Adekoya, partner at ǼLEX Legal…