…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…
…to arbitration. For example, article 29(5) of the ICC Rules expressly provides that the ICC’s Emergency Arbitrator Provisions apply only to signatories to the arbitration agreement or their successors. On…
…Rule 7 of the Rules of the High Court. The Rules’ provisions are far from controversial and as such have not generated much debate or case law, apart from an…
In international arbitration, as in other fields of law, the divide between private and public—commercial arbitration and public international (including investment) arbitration—traditionally has been the generally, if uncritically, accepted belief….
…commercial arbitration experts from around the world, we could truly feel the significance of the Vis Moot. Eric Bergsten, the father of the Vis Moot and the man who crafted…
…Rules The Supreme Court (Arbitration) Rules 2016 (WA) (Rules) substantively came into force on 3 January 2017. The Rules apply to both international arbitration governed by the International Arbitration Act…
…include provisions relating to the timing (Article 15.10 of the LCIA Rules being an exception) or the conduct of the deliberations. Certain arbitration regimes address the possibility of a decision…
…we will resort to the legal framework of several countries from Latin America, as well as the provisions of the UNCITRAL Model Law. Then, we will explore whether MLS would…
…Whanganui River in New Zealand, Ian Macduff considers the granting of legal rights and moral status to the environment. Ian then explores how to ensure that, in mediation, all those…
…is not so clear and it depends on many factors. Let us take as example a case under the Rules of Arbitration of FOSFA concerning a ban on import of…
…the New York Convention); (ii) in case the New York Convention does not regulate specific legal issues, Moldovan law will apply as supplementing the former; and (iii) in case the…
…Convention’ or ‘Convention’). The Changing Political View and Judicial Approach to Commercial Arbitration The impetus to chart a new path to commercial arbitration, especially international commercial arbitration, may have been…
