…arbitration. However, since the second most popular reason for using arbitration (by a mere 1%) is to avoid specific legal systems/national courts, that may not be the case. Arbitration and…
…in IRAP and parallel legal proceedings is Section 2(c) of the second Executive Order (the first Executive Order on this topic had been enjoined by the Ninth Circuit Court of…
There has been much recent judicial activism in Spain in arbitration matters. Although the grounds for annulment of an arbitral award are limited in Spanish Arbitration Law (Article 41) and…
…Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter Treaty (ECT). Italy petitioned the…
…not purely speculative. Arbitration tribunals have indeed tended to require a track record of at least two years to provide a basis for the projections required for DCF calculations. Even…
…February 2015 (in relation to costs); for relevant background, see my previous blog, that recognised and ordered the enforcement of a Dubai International Arbitration Centre (DIAC) arbitration award for onward…
Helsinki International Arbitration Day (HIAD) is an annual arbitration conference organized by the Arbitration Institute of the Finland Chamber of Commerce (FAI). It was held for the sixth time in…
…of the LCIA Rules, which governed the arbitration, also provided protection for the confidential nature of an arbitral tribunal’s deliberations. As such, the parties had contracted out of any jurisdiction…
…Shari’a matters are subject to international commercial arbitration, and finally considering whether the i-Arbitration Rules resolve those issues. João Ribeiro and Stephanie Teh, The Time for a New Arbitration Law…
…the ethics in arbitration through guidance note on disclosure and rules on the conduct in arbitration; the increase in efficiency by shortening time-limits for the establishment of Terms of Reference…
…in article 41.2 of the Spanish Arbitration Act (the “Arbitration Act”, Law 60/2003 dated 23 December 2003), they cannot waive or withdraw the appeal filed. Art. 41: 1. The award…
… Business and investment contracts are legal documents and at their core they represent a codification of a commercial relationship between parties. Since a contract is a legal memorialization of…
…than the year before. Driving this trend is the Equal Representation in Arbitration Pledge (the “Pledge”), a global initiative addressing the gender imbalance in arbitration. Launched in May 2016, the…
My previous blog post on this topic dealt with two issues stemming from the juxtaposition between the current arbitration legal framework and necessary due process requirements which are specifically developed…
…national arbitration laws and the Convention.2)See, for e.g., Yves Derain and Eric A. Schwartz, A Guide fo the ICC Rules of Arbitration (Kluwer, 2nd Ed, 2005) at p. 108; Jean-François…
…lawyer, have legal knowledge of the disputed matter, and be able to evaluate it from a legal perspective. In Users Of Commercial Mediation In New Zealand: The First Empirical Study,…
…“AIQ.” The formal unveiling will occur in Singapore at an event hosted by the Drew & Napier law firm, supported by the Singapore International Arbitration Center, and officiated by none…
…Dispute settlement provisions are also mixed competence The other most contested competence issue concerns the dispute settlement provisions contained in the EU-SING FTA. The European Commission has always argued that…
…the two arbitrators professionally liable for excluding Mr. Gastón from the deliberation procedure, and obliged them to pay Puma € 1’500,000.00 plus legal interests. The decision of the Spanish Supreme…
…the onshore Dubai and the offshore DIFC Courts (see https://kluwerarbitrationblog.com/2016/11/29/ruler-of-dubai-establishes-new-judicial-committee-to-resolve-conflicts-of-jurisdiction-between-the-on-and-offshore-dubai-courts-will-it-undermine-the-difc-courts-acquired-status-as-a-condui/). The regular reader of this Blog will remember that in particular the creeping jurisdiction of the DIFC Courts as a…
…instruments that provide jurisdiction to international arbitration, though with an important specification: contractual or commercial disputes. Thus, the Constitutional Court did not consider that international investment arbitration is a very…
…may at least in part be the result of the different sets of rules used for various disputes. The UNCITRAL Rules (1976) – the governing rules for the Eli Lilly…
…The LCIA Rules as well as the other arbitration rules are of little help, stating in Article 22.3 that the Arbitral Tribunal shall apply the law which it considers appropriate….
…considered arbitrable, as a result of the arbitration reform. The new Law also requires that the PAI administers this type of arbitration according to special rules for corporate disputes. Some…
