…treated like international commercial arbitration/investor-State arbitration, and State-to-State permanent tribunals respectively. The Tribunal’s only reason was that inter-State arbitration in the instant case was an alternative to the ICJ and…
…file an arbitration against Luxembourg, why is it not equally clear that a French investor may not resort to the ECT to launch an arbitration against Italy? It flows from…
…“Litigation Funding in International Arbitration”, in Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law Library, Volume 35 (Kluwer Law International; 2016) p….
…Reinisch August, The Role of Precedent in ICSID Arbitration, Austrian Arbitration Yearbook 495-510 (2008). Although the Terra Raf Trans Traiding case is not an ICSID case (since it was administered…
…will be offered to the Permanent Court of Arbitration and other international arbitration institutions. The new rules could also be used in arbitration proceedings that the parties manage themselves on…
…states’ legislation on arbitration. Apart from certain controversial proposals regarding the increased regulation of arbitration, the new legislation is a significant step forward in the development of a more arbitration-friendly…
…the most decisive step in an arbitration. It has rightly been said that arbitration is only as good as the arbitrators8)Lalive, ‘Mélanges en l’honneur de Nicolas Valticos’ in Droit et…
…a uniform mechanism to address tax treaty disputes among EU member states that meets the BEPS Action 14 minimum standard, and largely renders the arbitration option in the OECD BEPS…
…arbitration proceedings is to launder money. Third, and this could coincide with the second scenario where the entire arbitration is fabricated, the arbitration may be financed by illegal activities, e.g….
…different approach, namely one which sided with the Claimant rather than with the investors. Would that be grounds for the investors to initiate arbitration proceedings? Would it be reasonable to…
…common group arbitrations are in practice. Therefore, I invite the avid readers of the Kluwer Arbitration Blog to share their experiences with group arbitration proceedings in the comment section below….
…the banks’ preference for mandatory arbitration in disputes. (This in spite of some evidence the consumer actually does better in its claims in arbitration than in a class action in…
…extinct institutions or even rules that the parties decide to classify as such. Furthermore, the adoption of “arbitration rules” does not automatically imply that the arbitration is administered by an…
…body. Under-representation of women in international arbitration is a recognized problem and many scholars, the present author included, have called for action to enhance equal representation in arbitration. For example,…
…fact that the arbitration was the culmination of a long and complex process. The Court drew on the decision of the Permanent Court of Arbitration on appeal from the Abyei…
…absence of a provision in the arbitration agreement or arbitration rules? What role does the law of the seat of arbitration play in this matter? When the applicable law applicable…
…of certain States to regulate—and even ban—cryptocurrency investment means that investment arbitration may well yet be deployed as a means to resolve regulatory disputes. Arbitration as a means of resolving…
…of Arbitration) of the CCC. A. Argentina’s Current Arbitration Legal Framework: A Need for Reform. Argentina’s arbitration legal framework is fragmented and outdated. As opposed to other Latin American countries,…
…tribunal. Like all arbitration, ISDS was also seen as creating enforceable decisions through a customizable and inexpensive process. By their nature, bilateral agreements focused on the protection and promotion of…
…in the previous post, a country can consent to arbitration by treaty, but also by contract. Ecuadorian law still allows the Government to consent to international arbitration in certain instances….
…upon as technical definitions. They include: Global Commercial Hub, Global Dispute Resolution Hub, Global Arbitration Hub, and Regional Arbitration Hub. A Global Commercial Hub (GCH) is the broadest of the…
…litigation and arbitration, the survey responses appear to highlight a lack of appreciation for many of the benefits of arbitration, particularly in regards to international arbitration. Understandably, the US technology…
…of international arbitration, with the launch of the 2018 International Arbitration Survey. International arbitration is the natural choice for resolving business disputes because it is able rapidly to evolve in…
…International Journal of Arbitration, Mediation and Dispute Management, 2016, p. 298 et seq.; CARON/CAPLAN, p. 872, with further references; ICC COMMISSION REPORT, Decisions on Costs in International Arbitration, ICC Disp….
