Women in Arbitration Are on the Rise
…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…
…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…
…to be reconciled with a conflicting arbitration agreement. Some arbitration rules give preference to an arbitration agreement providing for more than one arbitrator (e.g., the DIS Rules in Art. 3.1…
…the parties in the instrument recording their consent, and to the publication of excerpts of ICSID arbitral awards (concerning the ‘legal rules applied by the Tribunal’). The amendments of 2003…
…a sole arbitrator finding that the award violated public policy. The award was rendered in the context of mandatory arbitration of statutory claims under the Railway Labor Act. The award…
In many ways, Portugal is a remarkable arbitration-friendly jurisdiction. Not only a new UNICTRAL Model based law has been enacted a few years back now, but also its courts have…
…the time when the parties start arbitration proceedings, which law will apply (chapter 12 SPILA or the internal arbitration rules contained in the CPC). The proposed revised article 176 I…
…with no legal recourse. Different legal questions regarding what is, apparently, a legal vacuum emerge; in particular, the possibility that treaties signed by the annexing state would apply in the…
…Arbitration Rules (2014) which allow the tribunals to order sanctions against counsels who has violated the general guidelines of the rules. Also, in ICSID arbitration proceedings, the discretion to allocate…
…could potentially submit to the investment arbitration procedure established under the new act. What would such an investment arbitration case look like? The investment arbitration chapter of the new Bolivian…
…Trade Zones. The Necessity for the Selection of an Arbitration Institution under Chinese Law Chinese law mandates institutional arbitration of domestic disputes. Article 16 of China’s Arbitration Act requires each…
…to an Australia-seated arbitration have agreed to apply the UNCITRAL Transparency Rules. The Memorandum explains at paras 312-3 that: “Australia is not presently a party to the Transparency Convention. However,…
…at 203-04 (arbitration awards are not self-enforceable and therefore, service of suit clauses can dictate the location of any action that might be necessary following arbitration in order to enforce…
…addressing the question of whether Brexit may give rise to viable investment arbitration claims against the United Kingdom. So on May 30, 2017 the University of Notre Dame and Volterra…