Enforcement of Foreign Awards in the UAE: Back on Track?
In recent years, arbitration in the UAE has experienced significant growth among domestic and international users. While there is undoubtedly a positive trend in the use of arbitration as a…
Search Results for: efficient arbitration
A False Start – Uncertainty in the Determination of Arbitrability in India
Professor Pieter Sanders in 1999 famously asked “Quo Vadis Arbitration”? (Where do you go Arbitration?). In the Indian context this question is particularly relevant in light of the ever-fluctuating framework…
The Contents of Journal of International Arbitration, Volume 33, Issue 3, 2016
…in arbitration. BOOK REVIEWS Sigvard JARVIN, Book Review –ICC Arbitration in Practice, by Herman Verbist, Erik Schäfer, and Christoph Imhoos, 2nd edn. Jonathan LIM, Book Review – Arbitration in China:…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration, Multiple parties, SCC Rules, Security for Costs
Draft New SCC Rules: What’s New?
…arbitration. After consulting the parties, the tribunal may also, on its own initiative, invite third persons and non-disputing treaty parties to make a submission on material issues in the arbitration….
Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Clause Incorporated by Reference, Sport arbitration
A Never Ending Story: Claudia Pechstein’s Challenge to the CAS
…the athletes’ own interest to have such a system in place and sign an arbitration agreement. According to the BGH, the arbitration system of CAS offers advantages to both the…
Timely Structuring of Investments Becomes a Moving Target
…was enacted. On the same day, the Claimant served its Notice of Arbitration to Australia (the Respondent), submitting the dispute to international arbitration pursuant to the bilateral investment treaty (BIT)…
Award in commodities sector enforced despite absence of original arbitration agreement
…to section 5(5) of the English Arbitration Act, the court found that Party A had accepted to be bound by the arbitration agreement by proceeding on the merits in the…
Increased Efficiency through Arbitral Decisions on Preliminary Issues?
Time and cost efficiency is the most commonly praised argument in favor of arbitration as opposed to state court litigation. The exchanges within the arbitral community as regards strategies to…
Bold move by Shanghai Court in interpreting the phrase ‘foreign-related element’: A direction to follow?
…the dispute to be resolved by arbitration administered by SIAC in Singapore, with the governing law of the contract being PRC law. Golden Landmark commenced arbitration proceedings against Siemens and…
UAE MoJ and ADGM Courts adopt MoU on judicial co-operation: A world first?
…necessary measures that will ensure that enforcement of the ADGM Courts’ judgments and arbitration awards issued in ADGM may be sought before the federal courts in the UAE and implementing…
Admissibility of Cassation Recourses against Arbitral Awards in Ecuador: A Backwards Step on the Path towards the Finality of Arbitral Awards?
…in annulment proceedings In Ecuador, pursuant to Article 30 of Arbitration and Mediation Act 1997 (“AMA”) parties to an arbitration only have a statutory right to challenge arbitral awards by…
Multilateral Investment Treaties in Asia: Alternatives to the Investment Chapter of the Trans Pacific Partnership Agreement in Asia?
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
The DIAC goes offshore: Strategic move or promotional ploy?
…of arbitration: seating a DIAC arbitration in the DIFC will import the application of the DIFC Arbitration Law (see DIFC Law No. 1 of 2008), which is modeled on the…
Due Process Paranoia
A few months ago, Queen Mary University of London and White & Case released their third International Arbitration Survey entitled “Improvements and Innovations in International Arbitration”. One of the many…
The EMAC finally established: Welcome on board!
…Centre’s objectives are to “enhance[e] maritime arbitration procedures to be more impartial and just” and to “disseminat[e] the culture of maritime arbitration locally, regionally and internationally” (see Article 2, EMAC…
YAI TALKS #DC: Treaty Claims by Dual Nationals and Collection of Treaty-Based Awards
…of the arbitration (and the Yukos majority shareholders have announced their intent to appeal the district court judgment). Next, Isaiah Soval-Levine contrasted the approach adopted by the U.S. District Court…
Equal Representation in Arbitration (ERA) Pledge: A Turning Point in the Arbitration History for Gender Equality
…balance on international arbitration tribunals”, Arbitration International, vol. 28, n°4, 2012, page 653, and “Is the balance getting better? An update on the issue of gender diversity in international arbitration”,…
The International Evolution of Mediation: A Call for Dialogue and Deliberation
…parties [their] predictions of how not settling might affect them, including what [they] think may result if the case proceeds to court or arbitration”, or “assess, and share [their] opinion…
Arbitration Awards as Works of Art
…the tribunal’s written arbitration award. The New York Convention provides recognition of the arbitral tribunal’s “liberty of decision”. Article II (3) of the Convention implicitly requires a domestic court to…
Debriefing: University of Buenos Aires winning the 23rd Willem C. VIS Moot
…arbitration. In a country were a large part of attention is given to investment arbitration, in view of the number of cases Argentina is / was part, the achievement of…
Why the English Right to Appeal an Arbitral Award on a Point of Law is not Anachronistic?
…to fewer appeals. Lord Saville emphasised that the users of arbitration “have expressly agreed to use arbitration as their method of dispute resolution. By doing so they have agreed to…
New Investment Arbitration Center in Latin America: UNASUR, A Hybrid Example of Success or Failure?
…arbitration or conciliation. This power may only be exercised at the time of the state’s granting its consent to submit a dispute to UNASUR arbitration. The origins of this requirement…
Law of the Sea, Permanent Court of Arbitration, State-to-state arbitration, Transparency, UN and Int’l Organizations, UNCLOS
Careful Balance or Missed Opportunity? The ‘In Principle’ Public Nature of the Arbitration Concerning the “Enrica Lexie” Incident
…settlement of the dispute or otherwise agreed to a procedure, moreover, it can only be submitted to arbitration in accordance with Annex VII (Article 287(5)). Annex VII arbitration (as opposed…
Interpreting Contracts under Singapore Law in International Arbitration: HSBC Trustee v Lucky Realty Co
…(Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] SGCA 43). Do international arbitration tribunals have to apply the Zurich criteria when interpreting Singapore-law governed contracts? Readers would be aware…