…existing facilities (paragraph 400) and expressing “serious reservations about basing the new regulatory regime on the hypothetical costs of a hypothetical “efficient” plant… cast[ing] into question the fairness and equity…
…on the assets and costs of a hypothetical efficient plant. The result: a deluge of arbitration claims filed by foreign investors against Spain. Analogous, although not identical, measures have been…
…Significantly, the working group conducted their discussions from the viewpoint that international commercial arbitration is the normal way to resolve disputes in this area, while also taking into account other…
Whether inside or outside the practice of international commercial arbitration, it does not take long to look at the list of the most popular seats for such arbitrations and wonder…
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award….
…issue is also expressly dealt with in some arbitral procedural rules. For example, both the Institution of Civil Engineers Arbitration Procedure (rule 5.2) and the Construction Industry Model Arbitration Rules…
…The Arbitration Proceedings The decision arose out of a challenge to an arbitration award issued under the Korean Commercial Arbitration Board’s (“KCAB”) Domestic Arbitration Rules 2011. Two Korean companies (the…
…early stage. This is because if your company is filing an arbitration for recovery of outstanding sums and the matter is relatively complex it may be fitting to have a…
The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018. The…
…for registration. An initiative of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), this global innovation contest aims to crowdsource a model treaty that puts the Paris Agreement…
…Third-party funding in some shape or form of impecunious parties’ arbitrations is almost as old as the modern process of arbitration itself. One cannot deny that arbitration is, in general,…
…a similar law earlier this year – the competition continues between the two centres for the position of leading Asian arbitration venue. The Arbitration and Mediation Legislation (Third Party Funding)…
…Arbitration Centre (HKIAC) and the Stockholm Chamber of Commerce (SCC). The Arbitration Rules of the Chamber of Arbitration of Milan merely state that “the Arbitral Tribunal may issue all urgent…
…of arbitration in the Caribbean islands places arbitration as a reality, which resembles, what still was, some years ago, the wildest imagination. At a time when arbitration is often criticized,…
…mechanism. With a view to promote foreign investment without sacrificing regulatory autonomy, the ACFI model focuses on dispute prevention and bilateral governance, limiting arbitration to the State-to-State level. But with…
…indicating that a person affirmatively assented to the arbitration provision itself. While the Nevada Supreme Court has applied this rule to invalidate arbitration agreements, a recent United States Supreme Court…
…a crucial decision in the process of arbitration. Parties to arbitration now rely on informal and anecdotal information, which in this age of open access to information is quite unheard…
Who Should Regulate the International Bar? The regulation of professional ethics of the international bar is among the most hotly debated issues in international arbitration (inter-state, investor-state, and commercial). It…
…a hard Brexit, while 42 percent responded that they would. The event was reported in various news outlets, including the Times, the Daily Mail, and Global Arbitration Review, among others….
…reminder that not everyone agrees that arbitration should serve primarily the interests of parties,3)In a notorious “open letter to the international arbitration community,“ three international arbitrators upset about the fees…
…G. Henriques, ‘I Will Not Go That Way: What The International Public Policy Of The Portuguese State Is Not’, in MEALEY’S International Arbitration Report Vol. 30, 2 February 2015) Although…
…Jan Paulsson, Are Unilateral Appointments Defensible?, Kluwer Arbitration Blog, 2 April 2009). If arbitration users consider the practice of unilateral appointments to be a valuable aspect of arbitration and insist…
…mediation law, the Decree is therefore instead significantly influenced by the 2010 Vietnamese Law on Commercial Arbitration (the “LCA”). In particular, similar to the scope of application of the LCA,…
…of confidentiality and impartiality” during the arbitral proceedings. In commercial and investment arbitration, where procedural irregularities arise, either party can seek annulment of the award before an annulment body, such…
