…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…
…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…
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,…
…and Articles of Association issued pursuant to its terms shall be through arbitration. The arbitration shall be governed by the terms of the Arbitration Law in Civil and Commercial matters…
…World Investment Report 2016, p. 107 . Second, under any given set of arbitration rules, a respondent State has the right to appoint one arbitrator, and the chair of the…
…“has launched a new legal arm dedicated to helping clients enforce their arbitral awards” called “Burford Law.” (See Lacey Yong, Burford launches new firm with former Akin Gump counsel, GLOBAL…
…restore the societal aspect of arbitration proceedings by rebuilding the confidence of arbitration users in arbitration, and finally, increase the public accountability of institutional arbitration. For a more detailed discussion,…
…basis for scrutiny by an appellate court. For the same reasons arbitrating parties typically expect reasons. The UNCITRAL Model Law and Arbitration Rules both provide that awards shall state the…
On 19 September 2016, Freshfields hosted an ICC YAF event at its London offices on gender diversity in arbitration and the Pledge for Equal Representation in Arbitration (“Pledge”), a topic…
…of arbitration of the Dubai International Arbitration Centre (DIAC) are concerned. On 20 September 2016, the DIFC Dispute Resolution Authority (DRA), a body that administers dispute resolution within the DIFC,…
…new NCIA Rules therefore can be seen to protect the AALCO members’ interests. The 2005 TRAC Arbitration Rules, in comparison with other Iranian arbitration rules and in spite of their…
…the agreement of the SIAC or any other arbitral institution in Singapore to conduct a hybrid arbitration applying the ICC rules, with liberty to apply should they fail to secure…
…domestic and international arbitration. The legislator has kept the original framework, regulating international and domestic arbitration separately, i.e. while domestic arbitration is now governed by the newly adopted Arbitration Law,…
…are legal constraints for the UK to negotiate new trade and investment agreements with third States as an EU Member State, it is fair to say that the EU has…
…of this decision may be for parties arbitrating under the LCIA Rules (or indeed other institutional rules with similar provisions) to agree to ‘opt-out’ of the emergency arbitrator provisions, in…
…outstanding reputation – to wit: the excellent judiciary, the arbitration bar, the Arbitration Act, and the legal infrastructure – have never depended on membership of the EU. Wishful thinking? A…
…United States and Korea concluded new agreements . . . that provide[d] new market access and level[ed] the playing field for U.S. auto manufacturers and workers.” The agreement finally entered…
…of court proceedings and referred an ongoing dispute to arbitration pursuant to s 20 (1) of the Arbitration Ordinance (Cap 609). The Court found that it had no jurisdiction when…
Arbitration is a creature of contract, and hence one may say that any claim or dispute submitted to arbitration must relate to a contract where the relevant arbitration clause is…
…of Party-Appointed Expert Witnesses in International Arbitration) or relevant soft law provisions such as articles 5 and 6 of the IBA Rules on the Taking of Evidence. Whether the parties…
…Rules, or under many other arbitral institution rules and many national arbitration laws (such as the English Arbitration Act) that endorse the principle that “costs follow the event” and that,…
…Parliament, perhaps hoping something will happen in the lower House to trigger a new election. And in June, Labor had reiterated that if elected, it would not countenance ‘new’ FTAs…
…have chance to prove whether this new attitude is genuine. Last but not least, the new Government is also focusing on improving the legal framework on commercial arbitration. One of…
…which they have created around investment arbitration and trade/investment agreements generally. Recently, an article by Politico revealed some interesting details, which illustrate how these NGOs have been profiting from their…
