…hurdles are generally lower than under the Helmerich standard. Depending on how district courts apply Helmerich, this may indeed be the correct conclusion. Indeed, pushing these disputes into arbitration –…
…using ODR. Graham Ross, chair of the panel on “Why are certain courts living the ODR revolution and what will it take to get the courts and the legal profession…
…Valley where it is common to say that there are four stages to a new idea. “The first stage when you announce a new idea, people ignore you. The second…
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…
…By that Order, the DIFC Court recognised and enforced a pair of arbitration awards rendered under the LCIA Rules in London and permitted alternative service of the Order on KRG’s…
…into dialogue issues, Ian Macduff shares the latest developments regarding water quality and allocation in New Zealand and identifies the potential roles for mediation in this pressing matter. Finally, in…
…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…
…be useful to new parties seeking funding, new funders entering the market, and the increasing number of arbitrators and counsel that are encountering funding for the first time. Finally, Chapter…
…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…
…TPF is in fact a new, stand-alone phenomenon that deserves special treatment -and regulation- it is necessary to take a comprehensive look at the funding market in international arbitration. Funding…
The primary purpose of an arbitration clause is to represent the parties’ common agreement to resolve disputes arising out of their contractual relationship by arbitration. One-way arbitration clauses, however, serve…
…As observed by Gabrielle Kaufmann-Kohler, whereas to treaty amendment principle of non-retroactivity applies as the amendment creates a new norm, it does not apply to treaty interpretation because a true…
…which arbitral tribunals enjoy at the interpretation stage is a function of particular treaty language. It is true that open-ended standards provide tribunals with more flexibility than rules specifying in…
…new initiative will focus on expanding the global footprint and profile of the group and ITA, and on creating new leadership opportunities for young arbitration practitioners. We are happy to…
…to the World Bank. Focus on the New Arbitration Law The Parliament of Myanmar has passed on 5 January 2016 a new arbitration law (Republic of the Union of Myanmar…
…the arbitration law of that seat to apply, it is because of party autonomy. The last thing the drafters wanted was for the losing party to use the New York…
…This BIT does not provide for investor-state arbitration. Instead, it provides for an ombudsman and state-state arbitration. The Committee has, in approving such a mechanism, emphasised that ‘state-state arbitration gives…
…Rules, the LCIA Rules, and the 2010 UNCITRAL Rules also provide for a respondent to make a counterclaim.1) Rule 40(1) of the ICSID Arbitration Rules; Article 5 of the ICC…
Introduction The investment solar energy saga triggered by the regulatory reforms in the renewable energy undertaken by Spain and Italy is likely to be the new Black Swan in the…
…Arbitration (the ‘Model Law’). The indispensable condition for any country to develop as a place for arbitration is for it to have a modern and internationally acceptable arbitration law. However,…
…and justice.” The court also observed that provisions of the Federal Arbitration Act exempting seamen’s employment contracts from arbitration do not apply to agreements that are subject to the New…
…As to which privilege rules generally apply, conflicts rules can encompass a whole myriad of factors: the seat of the arbitration, an agreement of the parties, the provenance of the…
