…exchanged various drafts of the agreement, all of which contained an arbitration clause providing for arbitration under the FAI Arbitration Rules (“FAI Rules”). The clause read as follows: “Any dispute,…
…Serbian legal framework on arbitration to be very familiar, having been transplanted from the 1985 UNCITRAL Model Law on International Commercial Arbitration. Chiefly in that regard, the Serbian Arbitration Act…
The finality of an award is a key feature and attraction of arbitration as a method of dispute resolution. When an award is annulled at the seat, however, enforcing courts…
…the DAB mechanism in particular, it is generally considered by market players as a success story in terms of promoting the efficient and cost effective resolution of disputes. Nonetheless, a…
…fourteen grounds for the challenge of a judge, grounds that are incorporated by reference in article 16 of the Colombian Arbitration Act (Law No. 1563) (“CAA”) related to domestic arbitration….
…federal laws in a court, an arbitration court or international arbitration (arbitration tribunal). [Article 10] Arguably, the above provisions do not clearly determine whether provisional application of an investor-state arbitration…
…2014, Vodafone International Holdings B.V. (the “Dutch BV”) initiated arbitration proceedings (the “First Arbitration”) under the India-Netherlands Bilateral Investment Promotion and Protection Agreement (the “India-Netherlands BIPA”). The dispute arose as…
…active role over the arbitration process would blur the line between arbitration and litigation. It would be contrary to the very idea of having arbitration as an alternative method of…
…to the Protocol, investors could commence international arbitration against signatory States if the dispute arose after 16 April 2010. The precise scope of the arbitration agreement in Annex 1 to…
…Rules”). The 2013 Rules, while maintaining the “light touch” approach of the 2008 Administrated Arbitration Rules, made important contributions to international arbitration by introducing unprecedented provisions on multi-party and multi-contract…
…arbitration in April 2014. Subsequently, in June 2015, Vodafone (UK) sent a notice of dispute under the UK – India BIT and invoked the arbitration January 2017. In the arbitration…
…because the EU is a signatory to the ECT, investors from one Member State do not have standing to bring arbitration claims against a fellow Member State, as they are…
…the powers of the Indian courts to refer disputes to arbitration, when there exists an arbitration agreement concerning the dispute prescribing for India-seated and foreign-seated arbitrations respectively. The difference in…
…must inevitably decide some, or all, of the merits issues, so be it.” (Id.). Outlook Following the Supreme Court’s decision, arbitration practitioners in the United States have generally fallen in…
…ICC, CEDR, the Camera Arbitrale di Milano and the Russian Arbitration Association. The chair Mark Appel noted that institutions are uniquely qualified and are in an ideal position to make…
…for Technology and Dispute Resolution (NCTDR), and Mirèze Philippe, Special Counsel at the ICC International Court of Arbitration and co-founder of ArbitralWomen. Alexis Mourre, President of the ICC International Court…
Professor Roger Alford, the Editor of Kluwer Arbitration Blog, was appointed to leadership role at the U.S. Department of Justice, where he will promote the enforcement of antitrust laws around…
…arbitration. More experienced attorneys, who previously practiced predominantly in the courts of their own country, must now represent their clients in disputes governed by a set of arbitration rules, mostly…
…arbitration users who seek protection and preservation of their rights before the constitution of a full tribunal. However, most arbitral institution rules that include rules on emergency arbitrator procedure fail…
…arbitration, the tribunal granted interim relief requiring the KRG to continue to make payments to the Claimant under the Contract pending the outcome of the arbitration. In the light of…
…functions, so far as arbitration is concerned, before the 2015 Amendment to the Indian Arbitration and Conciliation Act, 1996, the Chief Justices, where the parties failed to do so, were…
…Eight examines third-party funding in investment arbitration. The analysis in each of the foregoing chapters also analyzes the relevant issues as applicable to investment arbitration. This Chapter, however, seeks to…
…glasses and no hair be promoted to the upper echelons of arbitration or dismissed from the game entirely depending on the answer to the question, but there is, perhaps, a…
…FD&D) or a share in the proceeds (in the case of TPF). 1)Clanchy, J. (2016). Navigating the Waters of Third Party Funding in Arbitration. The International Journal of Arbitration, Mediation…
