Uncertainty of enforcement of emergency awards in India
…inclusion of emergency arbitration provisions in the SIAC Rules and HKIAC Rules. It is hoped that with the launch of the MCIA providing for emergency arbitration and the Government’s push…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Brazil’s STJ Frames Franchising Agreements as “Adhesion Contracts” and Admits Prima Facie Pathological Clauses as Exception to the Competence-Competence Principle
…and Kwikasair cases cited in this post, but it is also inconsistent with new developments in Brazilian arbitration law, as is the case with article 485(VII) of the new Brazilian…
Let’s Remember: In Brazil, the Civil Procedure Code is Not Automatically Applicable to Arbitral Proceedings
…was amended in 2015 and a new Civil Procedure Code was enacted. The new Civil Procedure Code has some provisions regarding arbitration, which may lead to an incorrect perception about…
The Lesson of a Short-Lived Mutiny: The Rise and Fall of Hungary’s Controversial Arbitration Regime in Cases Involving National Assets
…ruled out arbitration in disputes involving Hungarian national assets. The provisions enacted in 2011 and 2012 were led by the thinking that (private) arbitration did not secure the protection of…
Escalation Clauses: No Longer a Tripping Hazard for Arbitrations with Seat in Germany?
…dispute between the parties that has been brought to arbitration. Dismissal will only cause recommencement of the arbitration and the appointment of a new arbitral tribunal, which will result in…
Third-Party Funding for International Arbitration in Singapore and Hong Kong – A Race to the Top?
…arbitration. Recently, both jurisdictions have made significant steps towards formally permitting the use of third party funding (“TPF”) for international arbitration in their municipal arbitration laws. Rocky road for TPF…
Ruler of Dubai Establishes new Judicial Committee to Resolve Conflicts of Jurisdiction Between the on- and Offshore Dubai Courts: Will it Undermine the DIFC Court’s Acquired Status as a Conduit Jurisdiction for the Enforcement of Arbitral Awards?
To the great excitement (some may say consternation) of the local legal profession, by adoption of a decree earlier this year (see Decree No. (19) of 2016 forming the Judicial…
Recent Amendments to New Zealand’s Arbitration Act
…it in respect of genuine legal questions. [1] Arbitration Amendment Act 2016, s 4 (amending s 2(1) of the Arbitration Act). [2] Arbitration Amendment Act 2016, ss 5 and 6….
Blind Appointments and International Arbitrators
…blinding appointments—preventing nominees from knowing which party appointed them. How strong then is the affiliation effect among arbitration professionals? In a project with Anton Strezhnev, we designed an experiment to…
Brazilian Court Dismisses Claim on Grounds of the Existence of an Arbitration Agreement under the New Brazilian Civil Procedure Code
…ICC arbitration, seated in Miami (but reserving their rights to submit a defense). The respondents conduct was, on its face, contrary to Article 337, X of the NBCPC which provides…
Lessons for referring disputes to arbitration involving negotiable instruments
…will be settled in accordance with the rules of Conciliation and Arbitration Rules of the International Chamber of Commerce in Singapore.” (the Arbitration Agreement) Rals’ payments to Oltremare under the…
Admissibility, Arbitral Award, Domestic Courts, Enforcement, Germany, Interim Ruling on Jurisdiction, Parallel Proceedings, Set aside an arbitral award
The German Federal Supreme Court (Bundesgerichtshof) Blurs the Lines of the Proceedings to Set Aside Arbitral Awards in Germany – The Implications in other Model Law Jurisdictions
…The place of arbitration was in Germany. The ad-hoc arbitration was not administrated by an institution. Absent any institutional rules that could apply to the proceedings, one has to take…
A Procedural Bar to Award Enforcement? State Immunity in England & Wales
…investments located in Venezuela. In the face of the arbitration agreement in the BIT and the arbitration exception to immunity under section 9, Venezuela argued no valid arbitration agreement existed…
Dealing with Arbitrability of Fraud in India – The Supreme Court’s Fra(e)udian Slip?
…Section 8 sought to consolidate the kompetenz-kompetenz principle by stating that the civil court will refer the parties to arbitration ‘unless it finds that prima facie no valid arbitration agreement…
The End of Intra-EU BITs: Fait Accompli or Another Way Out?
…investors and investments from other EU Member States who didn’t do so. Also, the European Commission argues that intra-EU BITs provide for parallel jurisprudence through arbitration. The outcome of arbitration…
Impecuniosity And Denial Of Justice: Walking On Eggshells
…North of Cameroon. Garoubé filed a request for arbitration with the ICC and the parties agreed to fix the place of arbitration in Paris (France). During the course of the…
Are US Investors Exceptionally Litigious with ISDS Claims?
…Tienhaara argues that: ‘The biggest users of ISDS are US multinational corporations. This means that entering into a trade deal with the US that includes ISDS provisions – such as…
DIAC and DRA sign MoU to Promote Enforcement of DIAC Awards by the DIFC Courts: A Second Look
…Including Enhancing the Recognition and Enforcement of DIAC Arbitration Awards by the DIFC Courts and regarding Training, Research and Developments of Programmes, For the benefit of the Legal Community in…
BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Singapore Court of Appeal, Vienna Convention on the Law of Treaties
Sanum v. Laos (Part II): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT
…International Commercial Arbitration, (Kluwer, 2014), pp. 936-938). The distinction between jurisdiction and admissibility, however, is not always easy to draw. Unlike issues that clearly go towards admissibility of claims, e.g….
BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Taxation, Vienna Convention on the Law of Treaties
Sanum v. Laos (Part I): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT
…2012. An arbitral tribunal was subsequently constituted under the UNCITRAL Arbitration Rules. Laos raised preliminary objections to the arbitral tribunal’s jurisdiction on two grounds: first, that Sanum does not qualify…
Security for Costs in International Arbitration: What’s Missing from the Discussion?
…practice has so far established two payment mechanisms which are by now already recognized in arbitration rules of almost all known arbitration institutions, albeit with possible nuances in some aspects….
A Tale Of Two Cities: An Analysis of Divergent Approaches to Negative Jurisdictional Rulings
…thus did not apply to the Arbitration (which PMA commenced before 1 June 2012). Had the place of the arbitration been London, however, PMA could have challenged the Tribunal’s negative…
ISDS In The TPP: Is The Recent Uproar In The US Merited? – Part II
…by curtailing the amount of investor protection available under certain substantive provisions, and by clarifying the confines of others. Power to regulate Several provisions in the TPP make clear that…
Arbitration, Arbitration Proceedings, Arbitrators, IBA Guidelines on Party Representation, Investment Arbitration, Secretary of the Arbitral Tribunal, The Pledge, Third party funding
The World Is Not Enough
If James Bond practiced law, it would be international arbitration. Don’t believe me? Just consider how many international arbitration cases could be great plots for a James Bond movie. Take,…