…EU Directive available here). Consequently, new provisions regarding consumer arbitration are proposed to be introduced into the Polish Arbitration Law. Consumer Arbitration in Poland – Key Features De lege lata,…
…strong causal connection with Essar’s conduct [Award §84]; at the same time, the arbitrator found that “[t]he claimant’s conduct throughout … cannot be faulted” [Award §24]. Following from this, the…
…violation vel non of an arbitration agreement. This being said, Justice Cooke rightfully took care to emphasise that even the DIFC Arbitration Law expressly admitted the possibility of a non-DIFC,…
…portfolio of services. The revised ICC Mediation Rules entered into force in January 2014; and the new Mediation Rules of the Vienna International Arbitration Center (‘VIAC’) in January 2016. –…
…arbitration. Candidates include applications for expedited procedure (rule 5) and applications under the new joinder and consolidation provisions (rules 7 and 8). Publication of these decisions may well assist users…
…conciliation on 29 August 2016, Timor-Leste confirmed that it has commenced the conciliation without prejudice to its position in that arbitration. If CMATS is rendered void, the provisions in article…
…which goes even further than the LCIA Rules are the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce (PCC Rules), which came into force on…
…As indicated in a previous post, investment arbitration will play a key role in shaping the climate change regime and filling in the enforcement lacuna. However, arbitration is a creature…
…Mediation Rules (2012), the ICC Mediation Rules (2014), the ICSID Rules of Procedure for Conciliation Proceedings (2006), the PCA Optional Conciliation Rules (1996), the Stockholm Chamber of Commerce Mediation Rules…
…an international arbitration proceeding. In particular, documents obtained through Wikileaks have been relied on in previous arbitration proceedings. This article examines published decisions on this issue. In Methanex v. USA,…
…panels. The YAF was introduced by Sylvia Noury, a partner and a driving force in Freshfields’ international (commercial and treaty) arbitration practice in London. Having advocated before ICC, AAA, LCIA,…
In a 2014 speech delivered in Sydney entitled “Commercial Courts and International Arbitration – Competitors or Partners?”, Michael Hwang SC, referring to the New York Convention on the Recognition and…
…an award in the seat of arbitration (in that case, Mexico) had in an ongoing enforcement proceeding in New York. The Court of Appeals held that while the vacatur was…
…26: Act not to apply to pending arbitration proceedings: Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of…
…under the New York Convention, since the seat of the arbitration was in Colombia, the Colombia’s highest administrative court was competent to set aside the award under Colombian law. The…
…biographies on the website of the arbitrators, the majority – both male and female – of them struck me as young (at least by the standards of the arbitration community,…
…to arbitration due to the presence of an arbitration clause in the agreement. The Supreme Court reversed all judgments and sent the case back to the court of the first…
…Convention, the international court of justice and in support of arbitration, the rules of the Permanent Court of Arbitration for the Settlement of Disputes relating to Outer Space 2012 remain…
…the language of arbitration and potential other languages need for the case, the place of arbitration, an estimation of the amount in dispute if possible, and any nationality that should…
…issues implicated in international investment arbitration alongside other forms of international arbitration. The Notes are designed to apply to international arbitration generally and (on the whole) do not distinguish between…
…provide that the tribunal shall “establish the facts of the case by all appropriate means“. The LCIA Rules also allow the tribunal to “conduct such enquiries as may appear ……
The Academic Council of the Institute for Transnational Arbitration (ITA) is pleased to announce the launch of a new online resource for international arbitration and dispute resolution instructors: International Dispute…
…of the presumption of innocence. On the other hand, the IOC affirmed the application of the rules of natural justice so that each affected athlete could rebut the applicability of…
…is the question Despite the distress it caused to the French arbitration community, the Tapie case highlighted a gap in French law. Under the law applicable to this arbitration, i.e….
