…to arbitration due to the presence of an arbitration clause in the agreement. The Supreme Court reversed all judgments and sent the case back to the court of the first…
…Convention, the international court of justice and in support of arbitration, the rules of the Permanent Court of Arbitration for the Settlement of Disputes relating to Outer Space 2012 remain…
…the language of arbitration and potential other languages need for the case, the place of arbitration, an estimation of the amount in dispute if possible, and any nationality that should…
…issues implicated in international investment arbitration alongside other forms of international arbitration. The Notes are designed to apply to international arbitration generally and (on the whole) do not distinguish between…
…provide that the tribunal shall “establish the facts of the case by all appropriate means“. The LCIA Rules also allow the tribunal to “conduct such enquiries as may appear ……
The Academic Council of the Institute for Transnational Arbitration (ITA) is pleased to announce the launch of a new online resource for international arbitration and dispute resolution instructors: International Dispute…
…of the presumption of innocence. On the other hand, the IOC affirmed the application of the rules of natural justice so that each affected athlete could rebut the applicability of…
…is the question Despite the distress it caused to the French arbitration community, the Tapie case highlighted a gap in French law. Under the law applicable to this arbitration, i.e….
…the arbitration, “except to the extent such limitation of liability is permitted by applicable law.” Article 16 of the UNCITRAL Arbitration Rules provides that the parties “save for intentional wrongdoing,…
In Luxembourg, international arbitration awards are enforced pursuant to the New York Convention of 10 June 1958 (the ‘Convention”), or, where that Convention does not apply, pursuant to the provisions…
…Arbitration Rules, does not meet the notion of a Russian arbitration tribunal. Having established this, the court declared the arbitration agreement null and void and, therefore, rejected the enforcement of…
…is that the Saudi Arbitration Law contains abstract rules that apply to both genders without discrimination. Notwithstanding the neutrality of Saudi arbitration law, several legal scholars have assumed or speculated…
…effective compensation” must apply. It is irrelevant whether such actions were for a public purpose, non-discriminatory, or legal or illegal. From the perspective of the investor, the only principle that…
…which this principle requires an identity between the parties (personae), the object (petitum) and the legal ground (causa petendi). The Court added however that “[i]t is not sufficient, for the…
…of Conduct for public officials and business integrity. Those other treaties, however, lack some of the substantive provisions included in the TPP. Application of the TPP’s Anti-Corruption Provisions to Investment…
…in Poland. The survey covered prominent issues that the arbitration community is currently discussing, and provides an insight into the opinions of Polish arbitration users. The survey was answered both…
…On March 4, 2014, after more than three years of litigation before the New York courts, Chevron was able to persuade District Judge Lewis Kaplan that Donziger and his litigation…
…student, Cambridge), “The Legal basis for the Application of Domestic law in Investment Arbitration”; Bernardo Rohden Pires (LL.M. student, George Washington School of Law), “Can the MFN Clause in the…
…defend the virtues and benefits of international arbitration more vigorously. He drew a comparison with the Seven Kingdoms in the “Game of Thrones” series, saying that international arbitration has enjoyed…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes….
…the Report on the Arbitration Bill by the Departmental Advisory Committee on Arbitration Law (the DAC Report) “before any application is issued under s.24”. In material part, those paragraphs provide…
…seated in England to apply to court to remove an arbitrator is set out in section 24 of the English Arbitration Act 1996 (the Act). Section 24(1)(a) provides that a…
…exempting disputes over sea boundaries and land territory from compulsory arbitration. On this basis, China did not participate in the arbitration. The tribunal emphasised that China’s non-participation did not deprive…
…party in arbitration (“Funded party”) and has a direct economic interest in the award to be rendered in the arbitration.” Guideline 1.3 clarifies that “Funding under these Guidelines does not…
