Emelec vs. Canal Uno: How Many Bites Can the Apple Handle?
In general terms, a couple of the known advantages of arbitration are: (i) normally it is faster than adjudication before national courts and, (ii) the arbitral award is final. Now,…
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It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration
…Inside International Arbitration (Oxford University Press 2015) 51) Some fear that this development will lead the users of arbitration to ultimately turn away from arbitration towards other methods to resolve…
Hong Kong Court Refers Parties to Arbitration in Dispute Involving Jurisdiction and Arbitration Clauses
…respect of the Notes. The SA contained a broadly drafted arbitration clause providing for HKIAC arbitration in Hong Kong regarding any dispute “arising out of or relating to” the SA….
Arbitration, Bosnia and Herzegovina, Domestic Courts, Review on the merits, Set aside an arbitral award
Bosnia and Herzegovina: Arbitral Awards Reviewed under the Courts’ “Magnifying Glass”
…in BiH on the necessity of such and similar initiatives which can raise the awareness of the current developments in arbitration law and promote pro-arbitration approach. On March 18, 2016,…
No Annulment of Arbitral Award in Patent License Dispute as contrary to Art.101 TFEU: Genentech, Inc. v Hoechst GmbH / Sanofi-Aventis GmbH
…court upheld validity of the patents but found them not infringed. Validity was upheld by the CAFC in 2012. 1.3 The Arbitration and Award The Arbitration also proceeded and in…
Can Arbitral Institutions Be Expected to Promulgate Effective Rules of Ethics?
…attorneys in arbitration. If such concerns are commonly present for contracting parties, then the arbitral institutions seeking to attract arbitration business could find themselves engaged in a “race to the…
The Parties’ “Double Personality” and the Role of the Arbitral Tribunal
…their original pre-commitment of having a cost-effective arbitration. In the struggle between long-term preferences (e.g., preserving the benefits of an efficient arbitration and, more in general, arbitration’s attractiveness over court…
ITA Board of Reporters 1st Quarter Review: Due Process Requirement
…Volume XIV – Issue 3, April 2016. Available here. In a domestic arbitration conducted before the Arbitration Centre of the Portuguese Chamber of Commerce and Industry, the defendant asked to…
The US$50 billion Yukos award overturned – Enforcement becomes a game of Russian roulette
…no valid arbitration agreement and therefore, the PCA tribunal did not have jurisdiction in the arbitration brought against Russia under the Energy Charter Treaty (ECT). The annulment decision will inevitably…
When Arbitrators and Institutions Clash, or The Strange Case of Getma v. Guinea
…its own compensation. Conclusion The international arbitration community has just finished the ICCA Congress in Mauritius, where the future of arbitration in Africa was discussed, including the need to build…
How about a New Arbitration Act in Hungary?
The Hungarian arbitration Act (Act LXXI of 1994 on arbitration, “the Act”) has barely “turned 22” and the pressure to replace it with new legislation has popped up. Considering the…
Appointment of Arbitrators for Electricity Disputes in India
…must obtain licenses to operate. On the other hand, the Indian Parliament had previously enacted the Arbitration and Conciliation Act of 1996 (“Arbitration Act”). Section 11 of the Arbitration Act…
Arbitration, Arbitration Institutions and Rules, Energy, Financial Agreements, International arbitration
Are We Dealing with the Trend of Specialised Arbitration?
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
England, ICC Rules, MENA, New York Convention, Public Policy, Recognition and enforcement of arbitral award, UAE
Dubai Court of Appeal questions UK NYC membership: Investors keep calm … and carry on!
…to date (see G. Blanke, “United Arab Emirates” in G. Blanke (ed), Arbitration in the MENA, Juris, 2016). • Even if there were any merit in insisting on NYC membership…
Amicus Curiae, Enforcement, International Court of Justice, International Courts, Iran-United States Claims Tribunal, ITLOS, Model BIT, TPP, U.S. Supreme Court, Venezuela
Securing payment of arbitral awards — from Venezuela to Albania
…a procedure that would allow investors to enlist the assistance of their home government and state-to-state arbitration in seeking payment of an arbitral award against a recalcitrant state. By creating…
Dubai Court of Appeal rejects a DIAC award due to arbitrator’s breach of due process.
…of an arbitral award issued by the Dubai International Arbitration Centre (DIAC). Appeal Court’s rationale An arbitrator is under an obligation to give the parties a reasonable opportunity to present…
Landmark Swiss Decision on Failure to Comply with a Mandatory Pre-arbitral Tier
In a decision dated 16 March 2016 (4A_628/2015), the Swiss Supreme Court decided the long-open question of the consequence of a failure to comply with a mandatory pre-tier to arbitration,…
Is Arbitration by Men Legal?
…with John Locke’s Arbitration Act 1696, it was never the law that created arbitration, it was the private agreement of individuals. It is the writer’s contention that Arbitral legislation codifies…
A Trend Towards Mandatory Disclosure of Third Party Funding? Recent Developments and Positive Impact
…The increased involvement of TPF in international arbitration is unsurprising. Arbitration is the preferred method for international dispute resolution, but the average cost of a single arbitration proceeding has sharply…
Criminal Proceedings and Provisional Measures in ICSID Arbitrations: The Legitimate Exercise of a State’s Police Powers Versus the Ability to Advance Claims in Arbitration
…able to pursue their rights in the arbitration. The claimants argued that this violated their rights to non-aggravation of the dispute, the right to procedural integrity of the arbitration and…
The Contents of Journal of International Arbitration, Volume 32, Issue 2, 2016
…and the respondent is faced with a serious risk of a hit-and-run arbitration. Melis ÖZDEL, Enforcement of Arbitration Clauses in Bills of Lading: Where Are We Now? Abstract: Arbitration is…
Puppies or Kittens? Join the debate
…Arbitrators to Party Expectations”, published in the Austrian Yearbook on International Arbitration earlier this year. In our article we proposed that arbitrators complete a questionnaire to help parties select candidates…
Yukos Awards set Aside by The Hague District Court
…Federation in arbitration proceedings administered by the Permanent Court of Arbitration in The Hague. The Court, which was competent to hear Russia’s claim in the setting aside proceedings on the…
A Road Worth Taking: Brazil’s Tortuous but Ultimately Encouraging Path towards the Implementation of the New York Convention
Arbitration in Brazil has come a long way since the passing of the Brazilian Arbitration Act in 1996 (the “BAA”). The BAA has its origins in the UNCITRAL Model Law…