…States in June 2011 concerning the interpretation and application of Article II(7) of the Ecuador-U.S. bilateral investment treaty, which provides that “[e]ach Party shall provide effective means of asserting claims…
…the vacancy by reappointment within short-time limits, hence little chance for a party for dilatory tactics. Thus, the Model Law and the ICSID prescriptions reinforce the original expectation of the…
Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular proceeding or party….
…opposing party the duty of producing evidence on the occurrence of any these impeditive reasons. The merits of the arbitral award cannot be reviewed. 17. It is worth emphasizing that,…
…the party resisting such recognition. Making things worse, decisions rendered by national Courts refusing recognition on such ground limit to a mere reference to public policy without detailing the method…
…the legitimate interests of an arbitration party; fourth, where the interests of justice require disclosure, and also (perhaps) where the public interest requires disclosure.” The Singapore High Court’s reasoning in…
…on Non-Disputing Party Participation, which recommended specific guidelines to be adopted by Chapter Eleven tribunals when considering proposed amicus curiae submissions. At that time, the United States also issued a…
…lading providing for arbitration (in Japan) but had also negotiated a sub-charter party providing for arbitration (in London). The usual practice today is to litigate claims when goods are carried…
…a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship, whether contractual…
…FTA: 1) the arbitral tribunal, acting on its own; 2) a State Party to the FTA who is also a party to a dispute; or 3) an investor who is…
…that each Party allow persons of the other Party to participate (e.g., by allowing them to comment) in standards-setting exercises; certain exceptions apply, however, including with respect to sanitary and…
…(Art. 18.3 and 19.2). • Challenges to arbitrators must be made within 15 days after the circumstances giving raise to the challenge become known to the challenging party (Art. 11.1)….
…revised Swiss Rules, are deemed to have consented to the application of the revised Rules, including of the Emergency Relief provisions. A party could however argue that the inclusion of…
…date. Of the eighty-seven proceedings, seventy-eight were initiated under the ICSID Arbitration Rules, of which two were initiated by the state party against the foreign investor. Six proceedings were initiated…
…that do not satisfy either party, particularly when there are three arbitrators and the parties each appoint one. The concern is all the greater because under the system those turning…
…above appears to be less clear-cut. Setting aside potential partisan considerations (where it is clear that one of the parties is likely to be the respondent, that party, for tactical…
…states as follows: “(1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under…
A party who wishes to circumvent an arbitration agreement may sometimes proceed to obtain default judgment from a friendly court and then seek to enforce that judgment, under the common…
…accordance with the Regulation is therefore to be given pre-eminence. That being the case, a decision by a tribunal with seat in England which would effectively punish a party for…
…a convenient route for the dissatisfied party to negate entirely the effect of this latest judgment. So, whilst it is on the one hand encouraging that a party faced with…
…Farnsworth, however, observes: “Good faith performance has always required the cooperation of one party where it was necessary in order that the other might secure the expected benefits of the…
…For anyone who is interested in arbitration in Korea – or who finds themselves engaged in one as a party – we hope this book will be a valuable resource….
…exploit by opting for Hong Kong. And multi-party contracts with some Indian content will no longer exclude Hong Kong merely on the ground that China is not a gazetted state….
Section 3.3.6 of the IBA Guidelines on Conflicts of Interest in International Arbitration advise that when a “close personal friendship exists between an arbitrator and counsel of one party, as…
