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…
…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…
…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…
…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….
…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…
…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…
…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…
…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…
…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…
…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”)….
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…
…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…
…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…
…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…
…(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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
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…