Anti-arbitration: and the survey says….
…general consensus reported by the survey. Most of those responding said they believe that tribunals should award costs to the prevailing party (80%); that the IBA Rules on the Taking…
Search Results for: third party funding
Must we be so Redactionary?
…hurry to put it out there into the public domain. Nor is Mexico the only NAFTA party that has been slow when it comes to giving effect to transparency commitments….
Jivraj – it’s back and this time it’s at the European Commission
…and indeed the UK – hold dear. It permits discrimination on the grounds of religion in the appointment of an arbitrator. Or, on another view, it promotes party autonomy in…
The Bharat Aluminium Case: The Indian Supreme Court Ushers In a New Era
…had become a standard drafting practice for parties who wanted minimal intervention from the Indian courts with respect to their contracts that involved at least one Indian party and contained…
Case Summary of Vioans Ltd. v. The Ukraine Ministry of Material Provisions
…the Israeli court proceedings. Yet, for reasons that are not entirely clear, the Israeli court also took the extra step of awarding the Israeli party the relief sought in its…
Arbitration, Arbitration Agreements, Arbitration clause, Brazil, Domestic law, English Law, International arbitration, Law governing the arbitration agreement, Seat of the arbitration, UNCITRAL Model Law
Further Thoughts on Sulamerica: What About Transnational Rules?
…to seat the arbitration in a neutral jurisdiction. So, for example: Party A from Canada, Party B from India, ICC clause designating Geneva as the seat. Now, consider what the…
Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law
The Prospects for Amicus Submissions, Outside the ICSID Rules
…themselves. In principle a party may feel differently if the submission makes important assertions of fact. If the very reason for allowing the submission is that the non-party arguably offers…
Marking their Territory: Bharat Aluminum v Kaiser Aluminum Technical Services (2012)
…its provisions.” This would mean that a party to international arbitration proceedings outside India could apply to an Indian court under Section 9 of Arbitration Act for an ex parte…
Can Governments require foreign investors to invest a specific amount in research and development on an annual basis? A first look at Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada
…enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in…
Arbitration, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Russia
The Supreme Arbitrazh Court of the Russian Federation rules on the validity of dispute resolution clauses with a unilateral option
…(the seller) under a contract the right of recourse to a competent state court and deprive the second party (the buyer) of an analogous right. Where such an agreement is…
Why numbers matter
…support for arbitration and not an infringement on party autonomy. The appointment of a sole arbitrator in this case sits uncomfortably with the parties’ clear intention in the arbitration clause…
Arbitration, Domestic Courts, Enforcement, Middle East, New York Convention, Public Policy, Review on the merits
Enforcement of New York Convention Awards in the UAE (Part II): THE DIFC as “host” jurisdiction?
…of Convention membership of the State of the competent supervisory court (see in particular Article IV of the Convention, which does not require an applicant party to submit proof of…
Performance-Enhanced Arbitration? The CAS Ad Hoc Division
…parties, it even decided to bifurcate the proceedings, as one party had not received all of the relevant documents by the time the hearing started (CAS OG 12/03 concerning Denis…
Sports arbitration: does CAS have jurisdiction to hear an appeal filed after the time limit? The question remains open
…or even its dismissal is a delicate question”. With respect to “typical” arbitration such as commercial arbitration, the Supreme Court confirmed existing case law pursuant to which a party may…
Stay of proceedings in favour of arbitration under the court’s inherent jurisdiction
…proceedings, Top Zone would have to be involved either as a third–party or a co-defendant and there would be an airing of the issues that Shanghai Construction and Top Zone…
Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation 14(3)(e)?
…April 2011, online: ¶ 60;) Finally, it is apt for us to see whether the non-defaulting party is entitled to recover its own costs from the defaulting party apart from…
Anti-suit injunction, Arbitration Agreements, Brazil, Enforcement of an arbitration clause, English Law
The Brazilian dispute with the ‘close’ connection to England & Wales
…with standard terms and conditions, typically imposed by one party on the other. An insurance policy under Brazilian law may be an adhesion contract, but this will depend on the…
Appointment of arbitrators, Arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data
The International Arbitrator Information Project: An Idea Whose Time Has Come
…call this phenomenon “information asymmetry.” An information asymmetry exists when one party to a transaction has superior information that can be used to that party’s advantage in the transaction. The…
Yukos Oil Wins with Good Samaritan Third Party Funder’s Help?
…use of a form of third party funding. Not a form that is now seen much more – in which an independent group of investors create a fund to invest…
Enforcement: Swiss courts may dispense with the requirement of a full certified translation of an award under Art. IV(2) of the New York Convention
…a German court which found a party’s request for a translation of an award into English to be unwarranted on the grounds that the party had signed the contract and…
Arbitration, Arbitration clause, Arbitration Proceedings, Canada, Consumer contracts, Domestic Courts, Enforcement of an arbitration clause, Pro arbitration
Canadian Courts One Year After Seidel: Pro-Arbitration and Still Holding
…in the class action suit was not a party to the arbitration agreement in question. (See Ontario v. Imperial Tobacco Canada Limited, 2011 ONCA 525 (CanLII). Indeed, in the case…
ICSID Convention, International arbitration, Investment agreements, Investment Arbitration, Investment protection, Latin America
Parsing the PCA’s Latest Case Numbers
…disclose details of its cases, many of them have come to light at the behest of a single party or the efforts of media outlets. Thus, we know that the…
Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?
…foreign party was set aside by the Dubai Court of Cassation for failure by the arbitrators properly to follow the oath-taking procedure which is mandatory for the hearing of witnesses…
EU Proposal: who will investors face off against in future investment treaty claims?
…respondent party to arbitration proceedings initiated by an Investor of another Contracting Party”. In any event, the absence of suitable arrangements, in circumstances where the EU is the only signatory,…