…rendered within the scope of the arbitration agreement, as the appointment of emergency arbitrator was provided for by the applicable arbitration rules. The court further stated that the award did…
…for New York 2013), in Yearbook Commercial Arbitration XXXVIII (2013), at 537-541). The Court of Appeal for the Second Circuit confirmed the lower court’s decision as there exists an unfettered…
…the Notice of Arbitration. The waiver accompanying its Amended Notice of Arbitration stated that “To the extent that the Tribunal may decline to hear any claims asserted herein on jurisdictional…
When allocating costs, investment arbitration tribunals apply two principles: a “pay your own way” principle which provides that each party pays its own legal costs and they effectively share the…
…the visibility of less experienced arbitrators. On April 28 this year, we posted a short survey on Kluwer Arbitration Blog asking the arbitration community for feedback on this idea. The…
…sought to be remedied in this new Institution. The NPAC lacked several provisions which have become essential in the commercial arbitration context, such as, provisions regulating appointment of arbitrators to…
…time involved, unpopularity of institutional arbitration, non-supportive legal and judicial framework and reluctance to adopt foreign procedural standards in domestic commercial disputes. One must stray beyond the beaten track. Mediation…
…This reinforces the overall efficiency of arbitration and helps arbitration institutions in their effort to make arbitration quicker and prevent dilatory tactics. The saga is not over; Avax’s lawyer (Emmanuel…
…since Gramercy filed its notice of arbitration under UNCITRAL arbitration rules, it sidestepped the controversial question of whether the ICSID Convention imposes a test independent of the applicable investment agreement…
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
…since it never signed the purchase orders. Past Conduct Instead of a New Signature or Exchange? Can an agreement to arbitrate be implied based on the past conduct of the…
…the content of the clause, last year’s Gujurat award, which was made available to the public in the course of connected litigation proceedings in New York, is discussed below. The…
…an arbitration agreement As noted, arbitration has always been carved out of the Brussels regime on mutual recognition and enforcement of judgments. However, the scope of the so-called “arbitration exception”…
…New York Convention and Section 36.1(a)(v) of the Chilean International Commercial Arbitration Act (the “Act”), given that Qisheng had not attached to its request a certificate from the ICC attesting…
…in mind the purpose of the entire treaty: for the New York Convention that is the contribution to the effectiveness of arbitration. (See Marike Paulsson, The 1958 New York Convention…
…EU law and, consequently, it may be necessary to apply EU law when interpreting and applying the contract in issue. On the facts of the Genentech case, Art.101(1) TFEU does…
…finds support in the exceptions to confidentiality contained in virtually all arbitral laws and rules that provide for corresponding confidentiality obligations [See, e.g., LCIA Rules, Art. 30(1); Swiss Rules of…
…arbitrators, instead of courts, such as Article 28 of ICC Arbitration Rules, and Article 25.3 of the LCIA Rules. – Experience has demonstrated that it might be better to request…
…New Strategy Center, a reputed strategy think-tank with offices in Bucharest, as well as Legal Adviser in the field of International Arbitration for Scandic Distilleries S.A [see SSRN author page]….
…effect is incompatible with the provisions of Article 101 TFEU. As for arbitration practitioners, the interest lies in the fact that that the above mentioned request for a preliminary ruling…
…Courts entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters dated 19 April 2016 . This, at least, is the position, giving credence to the official…
…arbitration at various regional arbitration centres, and this is where Singapore is looking to position itself with changes to its TPF rules and initiatives like the Investment Arbitration Rules proposed…
…the recognition and enforcement of a foreign award in Saudi Arabia since the enactment of Saudi Arabia’s new Arbitration Law and new Enforcement Law in 2012. This blog post aims…
…what are fundamentally new mechanisms to be applied in the context of commercial arbitration. Multiple Contracts, Joinder, and Consolidation The new multi-contract and multi-party provisions in the SIAC Rules 2016…
