…FD&D) or a share in the proceeds (in the case of TPF). 1)Clanchy, J. (2016). Navigating the Waters of Third Party Funding in Arbitration. The International Journal of Arbitration, Mediation…
The primary purpose of an arbitration clause is to represent the parties’ common agreement to resolve disputes arising out of their contractual relationship by arbitration. One-way arbitration clauses, however, serve…
…a lot of power to arbitral tribunals, they can always regain it. As observed by James Crawford, “[i]n the context of investment treaty arbitration there is a certain tendency to…
…efficient and easy way for states to reassert control over their foreign investment regimes. Assuming that arbitral tribunals will defer to clarifications contained in the JIN, India has in fact…
…complex international arbitration cases involving investment as well as commercial claims. Ms. Marchili Silvia handles international arbitration and litigation matters involving Latin America and Africa, and a variety of sectors,…
…to the World Bank. Focus on the New Arbitration Law The Parliament of Myanmar has passed on 5 January 2016 a new arbitration law (Republic of the Union of Myanmar…
…enforced. The question is: When courts allow the losing party in arbitration to ignore the statute of limitations because that party is a state, does that avoid the denial of…
…This BIT does not provide for investor-state arbitration. Instead, it provides for an ombudsman and state-state arbitration. The Committee has, in approving such a mechanism, emphasised that ‘state-state arbitration gives…
…2012 have had some environmental component. Amongst them, there have been several cases in which States have sought to enforce environmental law against investors in investment arbitration. On the flip…
…investment arbitration world, reaching the importance and controversy of the Argentinian crisis of 2001. In addition, the question whether the ISDS system has learnt the lessons from the latter and…
…Arbitration (the ‘Model Law’). The indispensable condition for any country to develop as a place for arbitration is for it to have a modern and internationally acceptable arbitration law. However,…
…31, 2017). Because the employment contract between the employer and the Jones Act seaman calling for arbitration satisfied all the requirements of an arbitration agreement under the New York Convention…
…frequently seem to apply the law of the seat of arbitration when there are no clear rules. The Institutions should speak to set everything straight, and in an arbitration in…
…& Status, https://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2002Model_conciliation_status.html [3] Roundtable held on 31 May 2017 with the Ministry of Economy, ICC Mexico, Arbitration Centre of Mexico, Lawyer’s Mexican Bar, Mexican Institute of Arbitration, etc. [4]…
…arbitration claims using UNCITRAL rules, or the possibility of using the Additional Facility Rules of ICSID, and even ICC arbitration. Among the arbitration claims filed against Bolivia after the denunciation…
…the ADGM as a seat of arbitration on Kluwer Blog previously (see G. Blanke, “Arbitration in the Abu Dhabi Global Market: Ready, Steady, Go …!”, Kluwer Arbitration Blog, 7 February…
…arbitration agreement is non-existent or unenforceable. An arbitration clause shall be unenforceable if it aims to circumvent the applicability of mandatory procedural or material law provisions to the governed contract….
As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The…
…use protection granted in intra-EU BITs, including investment arbitration as a dispute settlement mechanism, mainly due to the high costs of arbitration. The Ministry of Development presented similar data according…
…(or to a form of “mandatory arbitration”) and it concerns economic interests. Even disputes that do not involve economic interests can be subject to arbitration as long as the issue…
…overview of the legal system governing the AIFC in particular the creation and development of the AIFC Court and the AIFC International Arbitration Centre (International Arbitration Centre). FEATURES OF THE…
…based on the most modern arbitration provisions recognised worldwide. In addition, Lithuanian courts have proven that they are willing to protect arbitration agreements and arbitration itself. Nevertheless, the application of…
…a NAFTA or BIT ISDS arbitration. To the contrary, US investors in Canada, Mexico, and beyond win their fair share of investment arbitration cases. Why would the US Trade Representative…
…the proceedings and evidentiary matters, most arbitration rules and laws are entirely silent on the tribunals’ power to draw adverse inferences (see however s. 41(7)(b) English Arbitration Act 1996). The…
