…(ICC) Rules of Arbitration, as provided for in the arbitration agreement of the SPA. The plaintiff objected to the arbitrator’s jurisdiction on the basis that there was no valid arbitration…
…the Hong Kong Arbitration Ordinance were proposed, in order to formally abolish the doctrine of champerty and maintenance, and allow TPF in international arbitration. For all other jurisdictions where TPF…
…procedure in Article 39 that is, in fact, uncommon to most of the renowned arbitration rules, including the ICC Rules of Arbitration (2012), the LCIA Arbitration Rules (2014), the ICSID…
…2706/14). The issue whether mere information about the statement of claim against a state in investment arbitration or pending arbitration case is qualified as public information has not yet been…
…the arbitration clause as well as a whole policy related to arbitration, and they have undertaken obligations to comply with, inter alia, the RIPE NCC Conflict Arbitration Procedure. Having reached…
…will lead to a “stronger, fairer, more Global Britain” has yet to be seen, but may well offer new opportunities to commercial and investment arbitration. Brexit, with or without a…
…filing an UNCITRAL arbitration (PCA Case No. 2014-15) pursuant to the INA Shareholders Agreement and GMA, with the place of arbitration in Geneva, Switzerland. The Government requested that the 2009…
…clarifies the enforceability of post-dispute-arbitration-agreements: The term “relevant agreement” cannot refer to the arbitration agreement itself. If it did refer to the arbitration agreement, Sec. 85(a) MIL would read: “[i]f…
…arbitration exists in a vacuum; and, honestly, this is what makes international commercial arbitration so interesting and exciting to many of us. We readily enjoy the open discussions, the debates…
…the efficiency of arbitration by taking into consideration the world´s leading international arbitration institutions’ rules. Numerous key changes have been made to ensure the quality of arbitration as the preferred…
…is still far behind in adopting the best practices in arbitration. Although arbitration is often resorted to, finding experienced arbitrators is often difficult. The lack of well-established institutional arbitration in…
…international arbitration is a highly specialized area of law and that corporations rarely have a legal department specialized in international arbitration or even an in-house international arbitration lawyer, corporations often…
…arbitration centres and aims to establish a roster of maritime arbitrators for appointment in EMAC arbitration. The EMAC Arbitration Rules came into effect on 23 June 2016. These constitute a…
…leading sets of international arbitration rules, such as those of the ICC International Court of Arbitration, the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HIAK),…
The Workstream on Arbitration of Islamic Finance Disputes was tasked with looking at whether the development of specific rules and the development of a comprehensive so-called lex Islamica and procedures…
…is to not allow respondent states’ moral damages counterclaims in investment arbitration. Alternatively, if the tribunals are to find a rationale for admitting such counterclaims, it appears that it should…
…in international arbitration proceedings. It is expected that the Court of Appeals’ arbitration-friendly interpretation will positively influence the public policy understanding of Turkish courts in national and international arbitration practice….
…revise or reconsider its previous interim decisions in ICSID arbitration. The tribunal in SCB HK v. TANESCO decided unanimously that it can exercise a power to reconsider its earlier Decision…
…Strabag was unable to start the construction work within the 180 days’ timeframe provided in the agreement. Consequently, Strabag initiated arbitration proceedings before the Permanent Court of Arbitration in the…
…arbitral tribunals. (“Investor-state dispute settlement – the arbitration game”, The Economist, 11 October 2014) A Controversial Doctrine Central to the general public’s opposition to ISDS is the concept of legitimate…
…of such a general principle would be inappropriate under the Arbitration Agreement or otherwise. The Arbitral Tribunal may also take into account the parties’ conduct in the arbitration, including any…
…doping. Since Ms. Pechstein has signed a CAS arbitration agreement in the organization’s registration form, she commenced arbitration proceedings to challenge ISU’s suspension. Following an unsuccessful arbitration, she challenged the…
On 30 November, Australia’s Joint Standing Committee on Treaties (JSCOT) released its Report 165 on its inquiry into the Trans-Pacific Partnership Agreement (TPP). JSCOT is a 16-member parliamentary committee tasked…
…an arbitration clause. The English High Court held that the arbitration clause in the letter of undertaking replaced the four prior arbitration clauses and, thus, regarded the subsequent arbitration clause…
