George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
…contract, both parties had willingly submitted to the 1998 version of the rules in signing the Terms of Reference with the arbitrators (which mentioned the 1998 rules nine times). The…
One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to…
…Canada challenges these duties as inconsistent with trade rules. On one hand Canada is allegedly culpable of distorting bilateral trade; on the other hand the US is allegedly guilty of…
…question must be provided for by law, must be permanent, must respect due process requirements, must apply rules of law and those under its jurisdiction must be bound to go…
…that deserves far greater attention than it typically receives by the international arbitration community. Under the CAS Rules, all CAS tribunals have their seat in Lausanne, Switzerland and therefore all…
…which has already initiated a domestic legal process in Prague that could lead to a referral to the ECJ. The Czech Government is seeking to overturn the June 2007 jurisdictional…
…of interim relief requests. The rules regarding interim relief of various arbitration institutions were inspired by the language of the ICJ Statute. For example, Article 41 of the ICJ Statute…
…2001; 43 cases have been registered with ICSID and 3 cases have been filed under the UNCITRAL Rules; awards have been issued in 12 cases (3 of them denying jurisdiction…
As reported several months ago – and confirmed last week – the International Centre for Settlement of Investment Disputes (ICSID) has a new Secretary-General. Meg Kinnear comes to the post…
…in a way which is, to this reviewer’s knowledge, not matched by any other existing arbitration text. For example, the choice of law rules applicable to an arbitration agreement, a…
…arbitrations may or may not be a matter of public record – depending upon the arbitral rules governing a case. While ICSID cases are listed on a public docket, cases…
Ten years ago virtually all international arbitration was in a black box. The awards were accessible to the parties and virtually no one else. One had vague impressions about the…
…agreements. The U.S. has not made any such declaration. The Convention reserves the application of other conventions entered into by other contracting states, including rules of regional economic integration organizations….
…rules and international conventions. The present review is focused on chapters 11 and 12, which explore and explain respectively: (i) the selection, challenge and replacement of arbitrators; and (ii) the…
…that he respects the rule of law. In particular, he affirms adamantly that he abides by international law. But by “law” he means the rules that need to be put…
…and on the constitutional structures established by the world’s leading international arbitration conventions, legislation and institutional rules. The treatise begins with an Overview, in Chapter 1, which introduces the subject…
…determines, under the rules applicable to it, whether it has jurisdiction to resolve the dispute before it … 30. Further … such an anti-suit injunction also runs counter to the…
Global Arbitration Review recently reported that the August 27, 2008 Award in Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24) was selected as the Best Award and…
In recent years the international arbitration community seems to be obsessed with the issue of arbitrator impartiality, independence and bias. The 2004 IBA Guidelines were followed by the LCIA’s 2006…
…do get filed, they don’t always need to be disclosed to the public. Much depends upon the arbitral rules used to bring a claim; with ICSID’s public docket contrasting sharply…
The American Society of International Law is pleased to join a number of organizations and institutions contributing to this on-line discussion of current issues in international arbitration. We have long…
