…governing arbitration proceedings is that, in case parties are silent on the procedural rules, “the arbitral tribunal may … conduct the arbitration in such manner as it considers appropriate” (see…
…Council’s motion to confirm an arbitration award (“Award”) imposing a four-game suspension on New England Patriots (“Patriots”) Quarterback Tom Brady (“Brady”) and granted the NFL Players Association’s cross-motion to vacate…
…no valid arbitration agreement and therefore, the PCA tribunal did not have jurisdiction in the arbitration brought against Russia under the Energy Charter Treaty (ECT). The annulment decision will inevitably…
…arbitral institutions’ rules and rulings. Arbitral institutions carefully calibrate the balance in their rules between party autonomy and mandatory provisions. Increasingly, institutions also serve as gatekeepers of arbitrator conduct. For…
…introduce new legislation –the push to introduce new law on arbitration law is no surprise. In addition, the idea to introduce a new act on civil procedure also brought the…
…must obtain licenses to operate. On the other hand, the Indian Parliament had previously enacted the Arbitration and Conciliation Act of 1996 (“Arbitration Act”). Section 11 of the Arbitration Act…
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
…will no doubt rectify the Dubai Court of Appeal’s misguided take on the New York Convention and reassure the international arbitration and investment community that the UAE are a NYC-enforcement-friendly…
…motions. In reaching the decision currently on appeal, the New York federal district court summarized these awards in its opinion. It remains to be seen whether the New York federal…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…transport and commercialisation of oil and gas products. The contractual dispute resolution clause provided for ad hoc arbitration under the UNCITRAL Rules seated in Switzerland, preceded by conciliation under the…
The headline is there as a trap. The writer will argue that arbitration by women is not legal either. Legitimate, of course, but not legal in the strict sense, the…
…agreements (“FTA”) and has also been specifically addressed in new guidelines and arbitration rules. As TPF has rapidly and persistently grown into an industry that is ‘maturing nicely’ in the…
…either party. Under Rule 39 of the ICSID Arbitration Rules, a party may request that provisional measures for the preservation of its rights be recommended by the tribunal. Rule 39…
…and the respondent is faced with a serious risk of a hit-and-run arbitration. Melis ÖZDEL, Enforcement of Arbitration Clauses in Bills of Lading: Where Are We Now? Abstract: Arbitration is…
…Arbitrators to Party Expectations”, published in the Austrian Yearbook on International Arbitration earlier this year. In our article we proposed that arbitrators complete a questionnaire to help parties select candidates…
…Court was satisfied that Russian law confines the option of arbitration to civil law disputes, and does not provide a basis for the arbitration of disputes arising from legal relations…
…contrast, an arbitration between two Brazilian parties in a foreign situs will be considered a foreign arbitration, subject to the New York Convention grounds only. are subject only to a…
…made to introduce arbitration provisions into the civil procedure law, and the BiH Court arbitration rules were established. Prior to this, it would seem that arbitration in BiH was limited…
…refers to a “dispute involving the amount of compensation for expropriation” being referred to arbitration (the “Second Question“). The tribunal answered both questions in the affirmative and found that it…
…Regulations as prescribed by the DIFC Arbitration Law”, the Justice found that “the Arbitration Clause (13.5) alone [did] not clearly nominate the DIFC to be the Seat of Arbitration and…
…when the exercise of iura novit curia powers leads to the application of legal provisions or arguments that do not fit within the legal framework argued during the procedure. It…
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
…and troubling – allegations against Argentina: Threatened criminal prosecution against Claimants’ and Air Comet’s legal representatives for their participation in this arbitration, including the execution of the Assignment Agreement and…
