…33 Journal of International Arbitration, Issue 1, pp. 37–82 Abstract In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute…
…effect of her career choices. She understands the working environment with which arbitration lawyers in private practice are familiar, albeit with a US slant. Slaughter’s arguments may be most strongly…
…treaty applies (e.g. the 1958 New York Convention, the Inter-American convention on international commercial arbitration -Panama, 1975-, the Inter-American Convention on the extraterritorial validity of foreign judgements and arbitral awards…
…in international arbitration. As a recent post has noted, there are currently no provisions in any national arbitration laws or arbitration rules addressing TPF in international arbitration. This is true…
…on 27 May 2016. The draft SIAC IA Rules are a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules (e.g. the ICSID Rules). As discussed below,…
…the EC. The arbitration community views this issue through the lens of public international law and addresses the conflict by resorting to the conflict rules of the Vienna Convention on…
…its own right, offering a viable alternative to seating an arbitration in the Dubai International Financial Centre (DIFC). To recap, choice of the ADGM as a seat of arbitration will…
…Indian arbitration is required. For one, there needs to be a change in the perspective with which arbitration is viewed. The pool of Indian legal practitioners who specialise in the…
…procedure was not conducted according to the Arbitration Law and the applicable rules of procedure. As explained, the Law provides that the arbitration proceeding should be suspended when two or…
…each other – provisions of the New York Convention (Article V 1 (e)), Panama Convention (Article V 1 (e)), and the Brazilian Arbitration Act (Art. 38 VI), according to which…
…sought by the parties. Instead, parties only seek to recognise an arbitral award. The provisions in the DIFC Arbitration Law parallel that of the New York Convention. […] 124. Accordingly,…
…February 2016 immediately after the conclusion of the Brussels TTIP negotiations round. Europe therefore clearly aims at building new institutions for ISDS, while arbitration as a mode of dispute settlement…
…say? i) Arbitration and Mediation Rules: ISTAC Arbitration and Mediation Rules (the “Rules”), as well as Fast Track Arbitration Rules and Emergency Arbitrator Rules, may be reached online through www.istac.org.tr….
…a public element in the context of arbitration is not new in Russia, and it can be traced to the initial position of Russian courts regarding real estate disputes, which…
…arbitration by commencing proceedings: either by filing a request to arbitration with the relevant institution, or by sending a Notice of Arbitration in an ad hoc arbitration context. Conclusion Anzen…
…the liquidator sold the assets. As a result, Dan Cake’s investment in Hungary reached its end. The question was whether such a conduct by the Hungarian Court breached the Portugal…
…incurred by claimants and respondents in ICSID arbitrations, an amount which ICSID acknowledges “could be substantial”. In 2012, the OECD concluded that legal and arbitration costs for claimants and respondents…
…the parties, if the seat of arbitration is in the Republic of Armenia and a party to the arbitration is a citizen of, or a legal entity registered in the…
…meantime, the US Federal Arbitration Act (“FAA”) – which applies to domestic arbitration more broadly, as well as consumer arbitration – does not set any restrictions for the consumers to…
The arbitration of patent disputes is on the rise. This is not only because patent litigation has been subject to criticism on multiple grounds, but also because arbitration offers several…
…conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Hong Kong-Australia BIT. It took the Arbitral Tribunal, which consisted of highly experienced arbitrators Prof. Karl-Heinz Böckstiegel (Presiding Arbitrator),…
…Bulgaria and Egypt. In the meantime, no new BITs, or negotiations for new BITs, have been announced. At the same time that it has been taking steps to terminate its…
…the proceedings“, including orders for provisional relief. In the present case, the parties had chosen the LCIA Rules as lex arbitri, Article 25 of which permitted the arbitral tribunal to…
…rulings (such as awards generated in investment arbitration or reasoned decisions from national courts), not all of those procedures are truly analogous to international commercial arbitration. This is just an…
