The Vis Moot Is Much More Than Who Wins
…commercial arbitration experts from around the world, we could truly feel the significance of the Vis Moot. Eric Bergsten, the father of the Vis Moot and the man who crafted…
Search Results for: efficient arbitration
The Western Front: New Arbitration Rules for the Supreme Court of Western Australia
…Rules The Supreme Court (Arbitration) Rules 2016 (WA) (Rules) substantively came into force on 3 January 2017. The Rules apply to both international arbitration governed by the International Arbitration Act…
Improper Deliberations in International Arbitration as a Ground for Annulment
…under section 21 of the Spanish Arbitration Law (Judgment of the Spanish Supreme Court, 102/2017). Most leading arbitration rules are virtually silent on the requisite formalities, if any, of deliberations….
Machine Arbitrator: Are We Ready?
…by such machine would be valid. However, the Arbitration Acts from Peru (art. 20), Brazil (art. 10), Ecuador (art. 19) and Colombia (art. 7 – domestic arbitration) include specific references…
Trade Wars and Commodity Arbitration
…is not so clear and it depends on many factors. Let us take as example a case under the Rules of Arbitration of FOSFA concerning a ban on import of…
Moldovan Supreme Court Recommends the ICCA Guide as an Interpretative Tool for the New York Convention
…also this year that Moldova is intended to make its debut in the ICCA Yearbook of Commercial Arbitration. These are exciting evolutions that showcase (yet again) that arbitration practice worldwide…
Charting a New Path to Commercial Arbitration: Sierra Leone to Accede to the New York Convention
…Convention’ or ‘Convention’). The Changing Political View and Judicial Approach to Commercial Arbitration The impetus to chart a new path to commercial arbitration, especially international commercial arbitration, may have been…
The Contents of Journal of International Arbitration, Volume 34, Issue 2, 2017
…International Arbitration Agreements Abstract: Empirical research reveals that users of international arbitration view undue time and cost as international arbitration’s worst attributes. This article offers some potential solutions to combat…
200 Billion Reasons for Keeping NAFTA
…investors under NAFTA also have a right to resort to investment treaty arbitration. NAFTA is the second most invoked treaty in investment arbitration disputes, after the Energy Charter Treaty (“ECT”)….
State Immunity from Enforcement in The Netherlands: Will Creditors be Left Empty-Handed?
In the context of investor-state dispute resolution in The Netherlands, the Yukos case has recently captured the spotlight in the global arbitration arena and beyond. While much of the attention…
Where Angels Fear to Tread: The Availability of Disclosure in Support of an Application to Remove a Tribunal
…circumstances of the case. In particular, given the arbitral context: • disclosure in support of Arbitration Claims will usually be inimical to the principles of efficient and speedy finality and…
Taming the “Mercantile Adventurers”: Third Party Funding and Investment Arbitration – A Report from the 14th Annual ITA-ASIL Conference
…in international arbitration has raised concerns with many stakeholders that it will fuel a rise in frivolous claims. In particular, the role of 3PF in investment arbitration raises unique concerns…
Arbitration institution, Arbitration Institutions and Rules, Arbitration Pledge, Costs in arbitral proceedings, Diversity, Surveys
Arbitral Institutions Are Doing Their Bit; What About The Other Players?
…fact a characteristic which the 2015 survey conducted by White & Case with Queen Mary University of London established as being one of the most valuable ones in arbitration. What…
Arbitration, English Arbitration Act, LCIA Arbitration, LCIA Guidance Notes for Arbitrators, LCIA Rules, Tribunal Secretary
When Does a Tribunal Secretary Overstep the Mark?
…(the removal application) under s24(1)(d)(i) of the Arbitration Act 1996 (AA 1996) to remove two co-arbitrators from their positions in an ongoing LCIA arbitration. Section 24(1) (d) (i) provides that…
Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
…instrument. Of course, Rome wasn’t built in a day, and neither will this legal framework for enforcement of settlement agreements. At the Vienna Arbitration Days this past February, Natalie Yu-Lin…
Settling Well
…large arbitration. The lesson is particularly relevant because so many counsel (external and internal) are reluctant to make a first move when trying to settle, wrongly assuming they should always…
Arab World, Arbitration, Foreign Investment Law, ICSID Arbitration, ICSID Convention, International tribunals, Investment Arbitration, Investment protection, Iraq
Iraq May Have Energy, But Can It Meet Agility with Resilience?
…how to navigate through them. A week before the IEF, a colleague and I conducted workshops on investment arbitration for Iraqi postgraduate business students as part of an annual diploma…
How Should “Bare” Arbitration Clauses Be Enforced By The Courts?
…Under each contract, the sellers were different, but the buyer was the same. Each of the two contracts contained an arbitration clauses. Both arbitration clauses are similar. The arbitration clause…
Arbitration of International Factoring Disputes: Back to the Origins
…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…
Arbitration, Arbitration Awards, Bribery, Enforcement, Greece, ICC, ICC Arbitration, International arbitration, Public Policy
Government Procurement, Bribery, and an Olympic Size Scandal at the ICC
…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…
Arbitrator-ordered Costs of Injunctive Relief Proceedings in National Court: When Should a Party Be Able to Recover its Costs?
…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…
U.S. Federal Courts’ Broad Jurisdiction Under the New York Convention
…English law prohibited application of the arbitration agreement to a non-signatory; that the costs of enforcing the arbitration agreement were prohibitive and thus infringed on the plaintiff’s ability to vindicate…
Trade and Investment Agreements in Disputed Territories: The case of Western Sahara
…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…
Does Cultural Diversity Improve or Hinder The Quality of Arbitral Justice?
The answer to this question might seem simple, but consider an instance of a commercial arbitration between a Chinese company and an African state arising out of a failed railway…