…Justice in Arbitration? My presentation focused on the role of international arbitration, in particular investment arbitration, in enforcing the Paris Agreement State’s duties. Can arbitration, a method of dispute resolution…
…consistent with French Constitution provisions and therefore rejected the Senate’s objection. The Constitutional Council stated that the judicial authorization ensures compliance of the legal conditions required for the enforcement measures…
…(property) of Vattenfall were unjustifiably expropriated? It therefore does not come as a surprise that the main elements of the legal analysis and conclusions of the GCC can to a…
…representatives from the BRICS member states be set up to suggest institutional reforms in international arbitration and develop arbitration as an alternative dispute resolution mechanism for intra BRICS investment and…
…would be advisable to use arbitration as a means of dispute solution in the context of asset management, generally speaking, the interviewees did not recommend the use of arbitration unless…
…and International Arbitration (the “Report”) have shown that this theoretical approach is largely adopted by financial institutions, which, nevertheless, still have concerns in submitting disputes to international arbitration. While showing…
…the substantive law of the arbitration agreement, not of the lex fori2)Section 2(5) of the Act provides that where English law governs the arbitration agreement and where an arbitration is…
…tribunals to strictly implement formal quality (formale Qualität) in their awards, especially in the absence of an appellate mechanism in the context of arbitration by which legal flaws in the…
The ICC Commission on Arbitration and ADR’s Task Force on Financial Institutions and International Arbitration recently published its ‘Report on Financial Institutions and International Arbitration’ (the “Report”). The undersigned had…
The new ICC Report on Financial Institutions and International Arbitration finds that the oft-cited financial institutions’ averseness to arbitration, abstractly stated, is incorrect. Financial institutions’ perception of arbitration is rapidly…
…Brexit and now also in the US after Mr Trump has been elected new President. Thus, TTIP is not coming with Mr Trump as new US President, while CETA is…
…to do with arbitration? Could a similar mechanism influence users’ opinions as to the quality of arbitration and its results? If so, these biases must be kept in mind when…
…Section 1782. Kleimar opposed Vale’s motions by arguing, inter alia, that (1) Vale does reside in New York, through its New York-registered indirect subsidiary Vale Americas, Inc. (“Vale Americas”); and…
…arbitration as means of resolving cross-border disputes in Asia. Slowly but steadily, Asia has established its presence on the international arbitration world map. The main drivers of this process have…
…analogy of the Argentina arbitration cases suggesting that a fair and equitable treatment standard gives rise to legitimate expectations. As discussed in detail by Michele Potesta here, legitimate expectations can…
…2016, Part IV, contains detailed provisions for an optional arbitration mechanism that states may sign up to as part of their participation in the BEPS Convention. Mandatory Binding Arbitration The…
The 2016 International TMT Dispute Resolution Survey, sponsored by Pinsent Masons LLP, is the seventh survey carried out by the School of International Arbitration since 2006. It is part of…
…In Dutch Mediation Bill: Pushing the River? Martin Brink outlines some key features of the Dutch mediation market and examines the new bill to promote mediation in The Netherlands. Many…
…Commercial Arbitration Rules of the Japan Commercial Arbitration Association (“JCAA Rules“) party autonomy trumps the advantages of using expedited rules to ‘small claims’. Although the JCAA expedited procedures apply automatically…
…of Russia.” It is more appropriate to determine whether a foreign arbitration was institutional as a factual issue. The text of the arbitration agreement, the applicable arbitration rules, or sometimes…
…the tribunal. Liability generally Virtually all legal systems accord arbitrators a substantial degree of quasi-judicial immunity from civil claims arising out of their conduct of the arbitration. For example, section…
…arising out of or in connection with the JV Contract: “shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the Arbitration Rules of the…
Investment obligations and investor-State arbitration provisions normally have been negotiated under bilateral investment treaties (BITs), or, more recently, in the larger context of free trade agreements (FTAs). For investment provisions,…
…investor is: “a legal entity incorporated, constituted or otherwise duly organized in accordance with the laws and regulations of one Contracting Party, having its seat in the territory of that…
