…on 23-24 November 2017, the OHADA Council of Ministers adopted a Uniform Mediation Act (UMA) and a new Uniform Arbitration Act (UAA), along with new Arbitration Rules for the CCJA….
…Similarly, India’s new model Bilateral Investment Treaty (BIT) excludes the Fair and Equitable treatment (FET) and Most-Favoured-Nation (MFN) treatment clauses. Before turning to investor–state arbitration, investors must exhaust local remedies…
Introduction Consolidation means combining two or more arbitrations that are pending under a specific set of rules into a single arbitration proceeding. In appropriate circumstances, consolidation has various advantages. Most…
The new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit – “DIS”) will enter into force on 1 March 2018 (“DIS Rules 2018”). It is the…
…procedural rules continue to apply before this court chamber, evidence and oral debates can take place in a foreign language, if the judges and the parties so agree. Judges of…
…that the EU’s legal competence currently prevents the UK from concluding new trade agreements to trade outside of the EU. Ultimately, however, the more important issue may be what the…
…Newell’s memoirs, “Captured by a Vision”. Ken (a Presbyterian Church minister in Northern Ireland until his retirement some years ago) played a central role in bringing together representatives of both…
…the markets will continue on current terms. According to the Government, the “UK would intend to pursue new trade negotiations with others during the implementation period.”2) Preparing for our future…
…explain the legal nature of arbitration. They are known as the jurisdictional, contractual, mixed (or hybrid) and autonomous theories. According to the first theory – jurisdictional – the arbitrator’s award…
…material facts of the case and explain in a nutshell the legal basis for the decision: the Israeli Arbitration Law 5728-1968 (“Arbitration Law“) and the relevant provisions of the Civil…
…issued also contained choice-of-law and arbitration provisions, but with slightly different terms. Specifically, while the policy also called for AAA arbitration to take place in New York, the choice-of-law provision…
…of unenforceable arbitration agreements, the German arbitration Institute (“DIS“) has developed a model arbitration clause and Supplementary Rules for Corporate Law Disputes (“DIS-SRCoLD“), which incorporate the Arbitrability II criteria. Due…
…situation following the 2012 split of its Shanghai and Shenzhen sub-commissions to form the Shanghai International Economic and Trade Arbitration Commission (“SHIAC”) and South China International Economic and Arbitration Commission…
…from a practical, theoretical, and comparative perspective. Factual Background The underlying arbitration was filed in June 2011 under the Japan Commercial Arbitration Association’s Commercial Arbitration Rules (“JCAA Rules”) and was…
…represents the most remarkable aspect of the Opinion for the arbitration community. This position, extensively analysed by the preceding posts and not further discussed here, clashes with the long-standing claim…
Critics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom within the international community suggests that international arbitral awards reflect relatively…
…University of London about third-party funding in international arbitration is due to be published 3) For the draft report see Krestin/Mulder: Third-Party Funding In International Arbitration: To Regulate Or Not…
…with capital-exporting developed states. From a legal perspective, ISDS provided a much needed international legal framework that allowed investors to invest in emerging economies while at the same time affording…
…arbitrators. As they did not reach a consensus, the dispute was resolved by the vote of the tribunal’s chairman, as stipulated by the ICC Arbitration Rules. In turn, the respondents…
…Licensing of Legal Consulting Activities in Emirate of Abu Dhabi). Like the DIAC Rules, the Arbitration Rules of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) leave the appointment…
…Despite good Rules (last updated in late 2015), fee structures and personnel, the JCAA has attracted only 12-27 new case filings annually over 2007-2016. This caseload is very low compared…
…Rules 2007 provides, “All arbitrators conducting arbitration under these Rules shall be and remain impartial and independent of the parties; and shall not act as advocates for any party in…
…the company lodged (jointly with its Italian subsidiary, hereafter collectively referred to as the Claimant) a request for arbitration against Italy with the ICSID by relying on the Energy Charter…
…many arbitration events, whether they be skills training, or theme-focused conferences or dialogues–Aside from providing tactical advice, and sage wisdom, is the need for financial support. Often, there is a…
