…the arbitral tribunal. However, in Indian law confusion has arisen as to whether the courts can at a pre-arbitration stage, i.e., at the time of referring parties to arbitration in…
…of the arbitrator. The arbitration clause here provided that, any dispute connected to the agreement is to be referred to sole arbitration of one party’s (Respondent’s) Managing Director (subsequently…
…Courts in relation to the recognition and enforcement of a New York Convention award rendered in London under the London Maritime Arbitration Association (LMAA) Rules. The award found in favour…
…arbitration courts (the Permanent Arbitration Court for Energy Matters and the Permanent Arbitration Court for Money and Capital Markets) to form the “Commercial Arbitration Court”. This new arbitration institution will…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: Assistant Editor for Europe, Assistant Editor for Asia (Hong Kong and PR…
…comments made in 2007 to the draft Norwegian model BIT: “[t]he point of departure for the work on a new model agreement has been that the Arbitration Tribunal shall only…
…jurisdiction, but international arbitration is not only possible under ICSID. Most BITs also provide for arbitration in other centers and under different rules, such as UNCITRAL, or the Additional Facility…
…affected by Brexit. The UK remains a party to the New York Convention and the ICSID Convention. The 1996 English Arbitration Act will remain in force and the body of…
In January 2017, the new Rules of the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry were adopted (“MAC Rules”). The Rules implement new regulations which comply…
…an award issued by the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (“ICAC”). The arbitration award had been set aside by a…
…lenders, thus threatening the principle of legal certainty and, accordingly, impairing investors’ legitimate expectations. Luckily enough, these counties might turn the tables on Switzerland by resorting to the same instrument…
…is confined to rulings on breaches of BIT, and, second, the BIT legal rules are not the same as those of the EU Treaties. The AG makes the important finding…
…to address cybersecurity risks in a consistent and sustainable way. Doing so provides an opportunity for arbitral institutions to advocate for institutional arbitration (as opposed to ad hoc arbitration) and…
…however. “The Arbitration Station” is a new, weekly podcast that covers new developments in both commercial and investment treaty arbitration. It is run by young arbitration enthusiasts who believe the…
…transparency have been answered in the investment realm by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration and…
…of the BITs offer options, at the investor’s choice, between arbitration under ICSID Arbitration Rules and ad hoc UNCITRAL Arbitration Rules. The Cambodia-Croatia and the Cambodia-Netherlands BITs further include the…
…legislation. The main institution in Australia, the Australian Centre for International Arbitration (ACICA) amended its procedural rules last year to include new provisions to keep in step with developments in…
…the new draft bill on “Arbitration in Corporate Disputes”. In concluding the works of this panel, Duarte G. Henriques spoke about arbitration in intellectual property disputes. All the presentations focused…
…and others v. Albania arbitration (ICSID Case No. ARB/15/28, Order on Provisional Measures, 3 March 2016) (the “PMO”). This arbitration was commenced by three corporate claimants and four individual claimants,…
…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…
…with the mandatory standard in Article VII of the New York Convention, which requires that “the provisions of the present Convention shall not… deprive any interested party of any right…
…provisions in combination with applicable law. Lesson 1 – Parties should be cautious to adhere to the FIDIC dispute resolution provisions prior to referring disputes to arbitration. In the case…
…indicated that the situation described by Alquería could be reprehensible from an ethical standpoint and even violate mandatory domestic legal provisions. However, such situation did not amount to a ground…
