…arbitration is by revising former arbitration rules and introducing new ones. The IA Rules include several unique provisions which the 2016 SIAC International Arbitration Rules (SIAC Rules) do not feature….
…(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…
The new arbitration rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules” or “Rules”) entered into force on 1 January 2017. These Rules introduced a new…
…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…
…provide for a mandatory Myanmar seat, in case of a post-dispute-arbitration-agreement. However, such interpretation would run contrary to Sec. 10(a) of the New Arbitration Law which renders arbitration agreements enforceable,…
…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…
In January 2017 the new Lima Chamber of Commerce Arbitration Rules (the “new LCC Rules”) will come into force. These rules seek to provide a better regulatory framework and improve…
…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…
…modern set of arbitration rules that combine the best of other internationally leading arbitration rules and contain provisions, such as the appointment of an emergency arbitrator, an extensive arsenal of…
…legal representatives – The most innovative and possibly controversial provisions of the revised Rules are those relating to the appointment and conduct of legal representatives in DIFC-LCIA arbitration. It is…
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…
…a moral damages claim. Even though BITs and other investment treaties, to the author’s knowledge, do not contain provisions on awarding moral damages to either party, investment tribunals have affirmed…
…expert evidence. This conclusion is also in line with the provisions of the IBA Rules on Taking of Evidence in International Arbitration. Under Article 9 of the IBA Rules on…
…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…
…situation where a Contracting Party’s conduct creates reasonable and justifiable expectations on the part of an investor (or investment) to act in reliance on said conduct, such that a failure…
SIAC released new rules of procedure (“SIAC Rules”) for the management of its arbitration practice, effective 1 August, 2016. Some of the new provisions are ground-breaking. New provisions include a…
…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…
…legal issues). Feldman notes that coordination challenges might arise. These would be compounded by the TPP states parties’ cultural, legal and economic dissimilarities. The Report touches on a concern that…
