…persons: “…plausible justification exists for requiring continuous nationality (at least to the date of registration of a request for arbitration) of an individual but not of a juridical person…” (Award,…
India took a big leap in reforming its arbitration law by amending the Arbitration & Conciliation Act, 1996 (“Act“) in December 2015 (“2015 Amendments“). The 2015 Amendments coupled with setting…
…of an arbitration clause The other main issue analyzed by the STJ was the possibility of the Brazilian Judiciary Branch to analyze the validity or existence of the arbitration clause…
…a specific field of conflicts; (ii) Law n. 9.307/1996 is the Brazilian Arbitration Act and shall therefore be applicable to arbitration proceedings; and (iii) arbitration is not the solution for…
…saga of Hungary’s controversial arbitration regime in cases involving national property. It analyzes Hungary’s legislative efforts and ultimate failure to exclude arbitration in matters involving Hungarian national assets, demonstrating the…
…of a matter of jurisdiction. The jurisprudence is thus in line with the arbitration-friendly approach taken by the German courts. Stay of the arbitration proceedings as expedient alternative to dismissing…
…arbitration. Recently, both jurisdictions have made significant steps towards formally permitting the use of third party funding (“TPF”) for international arbitration in their municipal arbitration laws. Rocky road for TPF…
…an alternative to the local courts, which – whether rightly or wrongly – have always been perceived as less arbitration– and hence enforcement-friendly. In my view, the Dubai-DIFC Judicial Committee…
…it in respect of genuine legal questions. [1] Arbitration Amendment Act 2016, s 4 (amending s 2(1) of the Arbitration Act). [2] Arbitration Amendment Act 2016, ss 5 and 6….
…blinding appointments—preventing nominees from knowing which party appointed them. How strong then is the affiliation effect among arbitration professionals? In a project with Anton Strezhnev, we designed an experiment to…
…; (ii) the arbitration clause was not binding, because one cannot deny the parties access to justice ; (iii) the Agreement was an adhesion contract, and therefore the arbitration clause…
…a stay of the Court Proceeding under section 6 of the Singapore International Arbitration Act (IAA), arguing that disputes were to be submitted to arbitration accordance with the Arbitration Agreement….
…that the arbitration agreement had been terminated before the commencement of the arbitration as well as that the tribunal lacked jurisdiction because the parties did not hold pre-arbitral settlement negotiations….
…investments located in Venezuela. In the face of the arbitration agreement in the BIT and the arbitration exception to immunity under section 9, Venezuela argued no valid arbitration agreement existed…
…Section 8 sought to consolidate the kompetenz-kompetenz principle by stating that the civil court will refer the parties to arbitration ‘unless it finds that prima facie no valid arbitration agreement…
…investors and investments from other EU Member States who didn’t do so. Also, the European Commission argues that intra-EU BITs provide for parallel jurisprudence through arbitration. The outcome of arbitration…
…North of Cameroon. Garoubé filed a request for arbitration with the ICC and the parties agreed to fix the place of arbitration in Paris (France). During the course of the…
…Arbitration in Southeast Asia”, Sydney Law School Research Paper, November 2016) Lastly, broader comparative empirical work along the lines outlined above may also be useful in the context of other…
…go beyond the powers accorded to the DIAC in administering arbitration services as well as the powers accorded to the contracting parties in their submission to arbitration. This being said,…
…admissibility issues): see G. Born and M. Scekic, Pre-Arbitration Procedural Requirements: A Dismal Swamp, in D. Caron and others (eds), “Practising Virtue: Inside International Arbitration” (Oxford, 2015). It is important…
…in Singapore, the seat of the arbitration, under section 10(3)(a) of the Singapore International Arbitration Act (the “IAA”). On 20 January 2015, the High Court granted the Lao government’s application…
…practice has so far established two payment mechanisms which are by now already recognized in arbitration rules of almost all known arbitration institutions, albeit with possible nuances in some aspects….
…(the Arbitration) – did not get past the jurisdictional phase. PMA, having successfully contended that the seat of the arbitration should be Singapore (a jurisdiction which at the relevant time…
…Saffer is an associate in the International Arbitration practice at Dechert (Paris) LLP. He holds an LL.M. from Harvard Law School, and is a former Professor of Contract Law at…
