…rule of good faith, a party’s conduct can cure formal shortcomings in the arbitration agreement under Art. II(2) NYC. In the Court’s words: “In the context of international arbitration, the…
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
…the dispute to be resolved by arbitration administered by SIAC in Singapore, with the governing law of the contract being PRC law. Golden Landmark commenced arbitration proceedings against Siemens and…
…the heart of Abu Dhabi (see my previous reporting here), entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters with immediate effect from that date (for…
…in annulment proceedings In Ecuador, pursuant to Article 30 of Arbitration and Mediation Act 1997 (“AMA”) parties to an arbitration only have a statutory right to challenge arbitral awards by…
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
…of arbitration: seating a DIAC arbitration in the DIFC will import the application of the DIFC Arbitration Law (see DIFC Law No. 1 of 2008), which is modeled on the…
A few months ago, Queen Mary University of London and White & Case released their third International Arbitration Survey entitled “Improvements and Innovations in International Arbitration”. One of the many…
…arbitration rules, (iii) the default-appointment of arbitrators under the EMAC arbitration rules, (iv) the registration process of eligible arbitrators and their inclusion in the EMAC roster of arbitrators, (v) determining…
…customary rules of nationality in the BIT context, Childress further suggested that when a BIT is silent on the question of dual nationality, international customary rules of diplomatic protection may…
…balance on international arbitration tribunals”, Arbitration International, vol. 28, n°4, 2012, page 653, and “Is the balance getting better? An update on the issue of gender diversity in international arbitration”,…
…half of legal advisors agreed. Two-thirds of users supported using dispute resolution provisions that required mediation prior to arbitration or litigation, but few advisors embraced that view. There were also…
…the tribunal’s written arbitration award. The New York Convention provides recognition of the arbitral tribunal’s “liberty of decision”. Article II (3) of the Convention implicitly requires a domestic court to…
…arbitration. In a country were a large part of attention is given to investment arbitration, in view of the number of cases Argentina is / was part, the achievement of…
…to fewer appeals. Lord Saville emphasised that the users of arbitration “have expressly agreed to use arbitration as their method of dispute resolution. By doing so they have agreed to…
…Centre (the “Center”) and a Code of Conduct of Arbitrators are almost ready and expected to be officially in place. These rules contemplate a number of hybrid rules, including: (1)…
…settlement of the dispute or otherwise agreed to a procedure, moreover, it can only be submitted to arbitration in accordance with Annex VII (Article 287(5)). Annex VII arbitration (as opposed…
…Arbitral rules similarly give the tribunal wide discretion in determining the relevance, materiality and admissibility of evidence. For instance: (a) The UNCITRAL Arbitration Rules simply provide that “the arbitral tribunal…
In general terms, a couple of the known advantages of arbitration are: (i) normally it is faster than adjudication before national courts and, (ii) the arbitral award is final. Now,…
…Inside International Arbitration (Oxford University Press 2015) 51) Some fear that this development will lead the users of arbitration to ultimately turn away from arbitration towards other methods to resolve…
…respect of the Notes. The SA contained a broadly drafted arbitration clause providing for HKIAC arbitration in Hong Kong regarding any dispute “arising out of or relating to” the SA….
…in BiH on the necessity of such and similar initiatives which can raise the awareness of the current developments in arbitration law and promote pro-arbitration approach. On March 18, 2016,…
…court upheld validity of the patents but found them not infringed. Validity was upheld by the CAFC in 2012. 1.3 The Arbitration and Award The Arbitration also proceeded and in…
…possible ethics regulators, including arbitration associations, and panelists very briefly engaged the question of the institutional incentives to adopt effective ethics rules. Ethics rules can cover a variety of topics,…
