The First Female Arbitrator in Saudi Arabia
…opportunity for foreign and local investors to benefit from the use of arbitration as an alternative in dispute resolution. The enactment of the new Saudi Arbitration Law in 2012 was…
Search Results for: efficient arbitration
The International Court of Justice: Delimitation of a Continental Shelf Extending Beyond 200 Nautical Miles
In its judgment of 19 November 2012 in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia), the International Court of Justice (“Court” or “ICJ”) delimited, inter alia,…
A Secret Weapon, But For Whom?: Investment Disputes Under The Trans-Pacific Partnership’s Anti-Corruption Chapter
…treaties, and allowing investors to enforce those protections through investor-state arbitration. As do most other investment treaties, the TPP (in Article 9.6) requires the host state to provide “fair and…
Arbitrate in Poland like it’s 2016
…in Poland. The survey covered prominent issues that the arbitration community is currently discussing, and provides an insight into the opinions of Polish arbitration users. The survey was answered both…
“Even innocent clients may not benefit from the fraud of their attorney”: Second Circuit upholds RICO judgment in favor of Chevron
…the conduct of the defendants, rather than invalidating the judgment. Comment The Second Circuit’s confirmation of Judge Kaplan’s findings will certainly aid Chevron to consolidate its ongoing arbitration claim…
Announcing the winners of the 2016 Nappert Prize
…Law and International Arbitration, The University of Sydney Faculty of Law José Feris, Deputy Secretary-General, ICC International Court of Arbitration, Paris Henry Gao, Associate Professor, Singapore Management University Meg Kinnear,…
After Philip Morris II: The “regulatory chill” argument failed – yet again
…defend the virtues and benefits of international arbitration more vigorously. He drew a comparison with the Seven Kingdoms in the “Game of Thrones” series, saying that international arbitration has enjoyed…
Perspectives on the New York Convention under the Laws of the United States Forum Non Conveniens as a Stopper to Enforcement
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes….
“Who will rid me of this turbulent arbitrator?” Applications to Remove Arbitrators under English Law – Part 2: Procedural Impropriety and Loss of the Right to Object
…the Report on the Arbitration Bill by the Departmental Advisory Committee on Arbitration Law (the DAC Report) “before any application is issued under s.24”. In material part, those paragraphs provide…
“Who will rid me of this turbulent arbitrator?” Applications to Remove Arbitrators under English Law – Part 1: Apparent Bias
…Drake relied in the arbitration. The arbitrator’s involvement had included meeting persons who might give evidence in the arbitration. In ASM Shipping v TTMI [2006] 1 Lloyd’s Rep 375, the…
Admissibility, Arbitral Award, Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, China, International arbitration, International Law, International tribunals, Jurisdiction, Jurisdiction of the arbitral tribunal, Law of the Sea, Permanent Court of Arbitration, Philippines, PRC, South China Sea, State-to-state arbitration, Treaty, Treaty Interpretation, UNCLOS
Permanent Court of Arbitration tribunal issues landmark interpretation of UNCLOS in Philippines v China arbitration
…exempting disputes over sea boundaries and land territory from compulsory arbitration. On this basis, China did not participate in the arbitration. The tribunal emphasised that China’s non-participation did not deprive…
Actual expenditure, Ad hoc arbitration, Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators, ASEAN, Asia, Asia-Pacific, Best practices, Bias, BIT, China, CIETAC, Code of Ethics, Commercial Arbitration, Confidentiality and Transparency, Conflicts of interest, Costs in arbitral proceedings, Disclosure, Ethics, Hong Kong, IBA Guidelines on Conflicts of Interest, ICSID Arbitration, Independence and Impartiality, International arbitration, Investment Arbitration, ISDS, PRC, Security for Costs, Third party funding
CIETAC Hong Kong consults on draft guidelines on Third Party Funding
…party in arbitration (“Funded party”) and has a direct economic interest in the award to be rendered in the arbitration.” Guideline 1.3 clarifies that “Funding under these Guidelines does not…
JKX vs. Ukraine: An Update on the Enforcement of Emergency Arbitrator’s Award
…rendered within the scope of the arbitration agreement, as the appointment of emergency arbitrator was provided for by the applicable arbitration rules. The court further stated that the award did…
Comissa v. PEMEX The Sequel: Are the Floodgates Opened? The Russian Doll Effect further defined
…brings life back to an award: ghost resurrection for the sake of effectiveness of international arbitration? The arbitration arose out of a dispute between the Mexican state-owned oil and natural…
Host State Controls over the Offer to Arbitrate: Waivers Against Parallel Actions in Investor-State Arbitration
…the Notice of Arbitration. The waiver accompanying its Amended Notice of Arbitration stated that “To the extent that the Tribunal may decline to hear any claims asserted herein on jurisdictional…
Arbitration, Cost allocation mechanisms, Costs, Costs in arbitral proceedings, Investment Arbitration, Security for Costs
Security for Costs in Investment Arbitration: Who Should Bear the Risk of an Impecunious Claimant?
When allocating costs, investment arbitration tribunals apply two principles: a “pay your own way” principle which provides that each party pays its own legal costs and they effectively share the…
Puppies or Kittens – How To Better Match Arbitrators to Party Expectations? The Results Are In!
…the visibility of less experienced arbitrators. On April 28 this year, we posted a short survey on Kluwer Arbitration Blog asking the arbitration community for feedback on this idea. The…
MCIA, India’s best foot forward
…Mumbai Centre for Institutional Arbitration (“MCIA”). This move, a furtherance of the Governments recent initiative to boost investment is a natural advancement after the recent pro-arbitration Amendment in 2016. This…
Arbitration and Mediation: Shifting Paradigms in India
…exhausted. Arbitration, a frequently chosen alternative to litigation has turned out to be an expensive cousin. Its efficacy as an ADR has been threatened in India owing to the excessive…
Annulment, Arbitration, Disclosure, ICC Arbitration, ICC Rules, Independence and Impartiality, Res Judicata
Tecnimont Saga: Episode V – The Paris Court Strikes Back
…This reinforces the overall efficiency of arbitration and helps arbitration institutions in their effort to make arbitration quicker and prevent dilatory tactics. The saga is not over; Avax’s lawyer (Emmanuel…
Using Investment Arbitration to Enforce Peruvian Agrarian Bonds
…since Gramercy filed its notice of arbitration under UNCITRAL arbitration rules, it sidestepped the controversial question of whether the ICSID Convention imposes a test independent of the applicable investment agreement…
Back on track: Dubai Court of Cassation affirms enforceability of UK award under NYC
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
Perspectives on the New York Convention under the Laws of the United States: Agreement in Writing
…to both “an arbitral clause in a contract” and “an arbitration agreement,” or just to “an arbitration agreement.” The court of appeals held that it applied to both clauses. Explaining…
Get Yemen (and Women) Outta There: Force Majeure Claims under English law, and in ICC Case 19299/MCP (“Gujurat v The Republic of Yemen”)
…(or national court) would normally also evaluate whether a party should have resumed its contractual obligations once the force majeure event has ended. In a Zurich-seated ad hoc arbitration culminating…