…since Gramercy filed its notice of arbitration under UNCITRAL arbitration rules, it sidestepped the controversial question of whether the ICSID Convention imposes a test independent of the applicable investment agreement…
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
…since it never signed the purchase orders. Past Conduct Instead of a New Signature or Exchange? Can an agreement to arbitrate be implied based on the past conduct of the…
…the content of the clause, last year’s Gujurat award, which was made available to the public in the course of connected litigation proceedings in New York, is discussed below. The…
…an arbitration agreement As noted, arbitration has always been carved out of the Brussels regime on mutual recognition and enforcement of judgments. However, the scope of the so-called “arbitration exception”…
…New York Convention and Section 36.1(a)(v) of the Chilean International Commercial Arbitration Act (the “Act”), given that Qisheng had not attached to its request a certificate from the ICC attesting…
…in mind the purpose of the entire treaty: for the New York Convention that is the contribution to the effectiveness of arbitration. (See Marike Paulsson, The 1958 New York Convention…
…EU law and, consequently, it may be necessary to apply EU law when interpreting and applying the contract in issue. On the facts of the Genentech case, Art.101(1) TFEU does…
…finds support in the exceptions to confidentiality contained in virtually all arbitral laws and rules that provide for corresponding confidentiality obligations [See, e.g., LCIA Rules, Art. 30(1); Swiss Rules of…
…arbitrators, instead of courts, such as Article 28 of ICC Arbitration Rules, and Article 25.3 of the LCIA Rules. – Experience has demonstrated that it might be better to request…
…New Strategy Center, a reputed strategy think-tank with offices in Bucharest, as well as Legal Adviser in the field of International Arbitration for Scandic Distilleries S.A [see SSRN author page]….
…effect is incompatible with the provisions of Article 101 TFEU. As for arbitration practitioners, the interest lies in the fact that that the above mentioned request for a preliminary ruling…
…Courts entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters dated 19 April 2016 . This, at least, is the position, giving credence to the official…
…arbitration at various regional arbitration centres, and this is where Singapore is looking to position itself with changes to its TPF rules and initiatives like the Investment Arbitration Rules proposed…
…the recognition and enforcement of a foreign award in Saudi Arabia since the enactment of Saudi Arabia’s new Arbitration Law and new Enforcement Law in 2012. This blog post aims…
…what are fundamentally new mechanisms to be applied in the context of commercial arbitration. Multiple Contracts, Joinder, and Consolidation The new multi-contract and multi-party provisions in the SIAC Rules 2016…
…Editors at Kluwer Arbitration Blog welcome the submission of guest posts on the topic of Brexit and international arbitration. Topics might include London as a preferred venue for arbitration, the…
…unrelated to its status in the EU. The English Arbitration Act is a clear and effective arbitration law, the English judiciary is pro-arbitration; there is well-established arbitration case law, and…
…the law of the place of arbitration governs the arbitration agreement – provided that the parties have agreed on that place of arbitration in their arbitration clause (Christer Danielsson, International…
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC“) was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution…
…provisions entail direct and immediate consequences. Jurisdiction and arbitration clauses in contracts will apply to future controversies, and as such, their validity will be scrutinized at the moment when a…
…examined whether the decision of the Court of Appeals, when confirming the award of an arbitral tribunal, failed to apply the provisions of Article 897 para. 6 of the Greek…
…Singapore and Hong Kong are now premier arbitration cities and neither are part of a broader economic framework like the EU. An arbitration colleague in Germany even sees a potential…
…assets; they would no longer have to rely on third states’ national rules, however unusual or investor-friendly such rules may be. Finally, as noted above, the forum-shopping created by the…
