…of disputes within the international factoring community. The authors recently took part in an arbitration under the Rules of Arbitration of Factors Chain International (FCI Rules). In this article we…
…failure of the system, the Greek government refused to formally accept delivery and pay SAIC. SAIC in response initiated arbitration proceedings at the ICC’s International Court of Arbitration in April…
…arbitration and if so, when. Bernard Hanotiau has concluded that, “[i]t seems that the allowability of these costs as costs of the arbitration is generally not accepted. They should be…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is a lynchpin of the international arbitration system. The New York Convention…
…claims and arguments before investment arbitration tribunals. Moreover, human rights impact assessments – which are likely to be performed more frequently in advance of concluding treaties – will potentially form…
…Duties in Ireland’s New Mediation Bill”, Sabine Walsh offers a detailed analysis of the obligations that mediators can be subject to under this Bill in cases of court referred mediation….
…detail. The book includes summaries of interviews with several leading international arbitration specialists from different legal traditions, including three judges of the International Court of Justice. As to whether cultural…
…from or relating to these terms or any Contract made hereunder shall, unless resolved between us, be referred to arbitration under the arbitration rules of the relevant exchange or any…
…administered by the DMS may use the model arbitration clause provided on the DMS website. Arbitration proceedings are conducted on the basis of the DMS Rules of Arbitration (“DMS Rules”)….
…more than ever before – to Brazil. That is because the arbitration rules that will apply as the basis for the competition’s fictional dispute will be, for the first time,…
…alone an arbitration agreement within the meaning of Section 7 of the Arbitration Act (which is based on Article 7 of UNCITRAL Model Law on International Commercial Arbitration, 1985). The…
…into an arbitration agreement and is entitled to all its effects. The private party may initiate arbitration, including through the system to compel arbitration through national courts set forth by…
…available regimes are the ICSID Convention (with its associated arbitration rules), ICSID Additional Facility and the UNCITRAL Rules. There are numerous differences between these three rules. One such difference is…
…a foreign arbitration award rendered in an ICC arbitration proceeding under the FIDIC Red Book 1992. In the award, the arbitral tribunal refused to consider counterclaims filed by the Contractor…
…areas with WWF’s support (the ‘Ecoguard Issue’). The submitting party claims that the responding party has violated the OECD Guidelines by failing to conduct a due diligence and not making…
…relation to bridging the gaps between different legal traditions on evidence, the safest option remains sticking with the 2010 IBA Rules on the Taking of Evidence in International Arbitration. Settlements…
…all. Besides, the arbitration legal framework already provides for several procedural tools in this regard: arbitration rules usually contain a provision on complex arbitrations, i.e. multi-party and multi-contract claims. Still,…
…arbitration practitioners. The world of investor-state arbitration has long been exposed to “guerrilla tactics.” Part of such guerrilla tactics may well be to make unsubstantiated factual claims, support these claims…
…law provisions apply. In some countries, they are considered a condition precedent to litigation, while in other countries it is uncertain what the available (procedural or contractual) remedies are in…
…reliance by some investors on these BITs in the recent years and the outcome of this might create legal uncertainty for cross-border investments. The Commission referred here to the outcome…
…to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute…
…Institution unveils a revolutionary new “turbo” arbitration clause allowing parties to super-expedite proceedings • Barry Leon’s proposal for a “deemed consent” to arbitration in national bankruptcy and insolvency laws and…
…Commercial Arbitration. Head to KluwerArbitration.com to order your copy. This article was originally published on arbitration-icca.org. ICCA is a worldwide non-governmental organization (NGO) dedicated to promoting and developing arbitration, conciliation…
…contrary to the duties of impartiality and neutrality. The amendment became effective on 18 October 2016. As we have seen in the last few months, the international arbitration community has…
