Women in Arbitration Are on the Rise
…than the year before. Driving this trend is the Equal Representation in Arbitration Pledge (the “Pledge”), a global initiative addressing the gender imbalance in arbitration. Launched in May 2016, the…
Search Results for: efficient arbitration
Antitrust arbitration, Arbitration, Arbitration Agreements, Arbitration Proceedings, Competition Law, Enforcement, England, English Arbitration Act, English courts, English Law, European Law, European Union, International arbitration
Antitrust Arbitration in Europe (Part II): The Scope and Effect of Arbitration Clauses (Microsoft Case)
…for antitrust damages proceedings: (1) the necessary regulation of complex arbitration specifically designed for antitrust damages matters, and (2) the need to address information asymmetry in antitrust arbitration proceedings (through…
Enforcement, Hong Kong, New York Convention, Singapore, Singapore Court of Appeal, UNCITRAL Model Law
Hong Kong Court of Appeal Affirms that the Choice of Remedies Doctrine Does Not Offend Principle of Good Faith under the New York Convention
…joined some of the parties to the arbitration (“Arbitration”). Astro contended that Lippo may not raise this objection at the enforcement stage as Lippo had elected not to avail itself…
Free Riders or Collective Actors?
…“AIQ.” The formal unveiling will occur in Singapore at an event hosted by the Drew & Napier law firm, supported by the Singapore International Arbitration Center, and officiated by none…
The CJEU’s Opinion on EU-SING FTA: More Confusion than Clarity
…time that the Court is called upon to give its views on ISDS. The Court remained careful not to reveal its view on investment treaty arbitration and its (non)compatibility with…
Arbitrator's mandate, arbitrators’ conduct, Deliberations, Ethics, Liability, Set aside an arbitral award
Puma v. Estudio 2000: Three Learned Lessons
…cost of arbitration to be translated into deeper analysis and a well sustained decision. A fair and accurate decision does not necessarily have to be unanimous. High-level discussion, however, should…
The Dubai-DIFC Judicial Committee and DIFC Conduit Jurisdiction: A Sequel in Four Parts – The DIFC Courts under Siege (Part 2)
…2015). Daman v. Oger concerned two parallel actions: (i) an application for annulment of a DIAC award rendered in mainland Dubai as the seat of the arbitration before the onshore…
Ecuadorian BITs’ Termination Revisited: Behind the Scenes
…instruments that provide jurisdiction to international arbitration, though with an important specification: contractual or commercial disputes. Thus, the Constitutional Court did not consider that international investment arbitration is a very…
Judicial Economy in Investor-State Disputes
…only obligation is to the parties to the arbitration, who are paying for an efficient and effective resolution of their dispute. Arbitrators in investor-state disputes can point to no authority…
International Arbitration In London From The Perspective Of A Civil Law Lawyer: Rome I Regulation And Contractual Penalties
…no limits – nothing really prevents parties to an arbitration agreement from agreeing on an arbitration pursuant to the UNCITRAL Arbitration Rules, in the Spanish language, administered by SIAC, seated…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Corporate disputes, Pocket arbitrations, Russia
New Rules of the Game for Arbitral Institutions in Russia: Two Recent Governmental Authorizations
…main goals of the Arbitration Center is to facilitate professional, efficient and impartial resolution of disputes of any complexity in strict compliance with the new Russian arbitration procedure. Its rules…
Arbitration Agreements, Arbitration Institutions and Rules, Enforcement, Expedited arbitration, ICC Arbitration, ICC Rules
Overriding an Explicit Agreement on the Number of Arbitrators – One Step Too Far under the New ICC Expedited Procedure Rules?
Expedited arbitration procedure, which allows procedural streamlining of arbitration proceedings, became widely accepted by arbitration institutions. The ICC followed this global trend by incorporating Expedited Procedure Rules into the ICC…
Arbitration Institutions and Rules, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
Celebrating the Semicentennial: New Proposed Changes to the ICSID Arbitration Rules
In October 2016, the ICSID advised the Member States of the ICSID Convention that it was beginning the fourth amendment process since the enactment of the definitive ICSID Arbitration Rules…
Appeal, Arbitration Awards, Domestic arbitration, Public Policy, Set aside an arbitral award, United States
Nat’l Railroad Passenger Corp. v Fraternal Ord. of Police, Lodge 189: Has the D.C. Circuit Opened the Door for Challenges under the Public Policy Exception?
…a sole arbitrator finding that the award violated public policy. The award was rendered in the context of mandatory arbitration of statutory claims under the Railway Labor Act. The award…
Arbitral Tribunal, Arbitrator Challenges, Arbitrators, Code of Ethics, IBA Guidelines on Conflicts of Interest, Portugal
Again the “Incorporation” of the IBA Guidelines into a Code of Ethics: an “Investment in Virtue”?
…proved to be very supportive of arbitration. The deference that they have been showing to the validity of the arbitration clause inserted in derivatives master agreements and to the principle…
Arbitral Award, Arbitration Act, Arbitration Agreement, Arbitrators, Seat of the arbitration, Summary procedure, Switzerland
Switzerland to Become More Attractive for International Arbitration
…the time when the parties start arbitration proceedings, which law will apply (chapter 12 SPILA or the internal arbitration rules contained in the CPC). The proposed revised article 176 I…
The Ansung Tribunal Gives Its Views On Allocation of Costs Under ICSID Arbitration Rule 41(5)
…a general practice in investment arbitration disfavoring the shifting of arbitration costs against the losing party. China disputed this and cited RSM where the tribunal applied the “costs follow the…
Bolivia’s Step Back in State Arbitration
…Bolivian proposal. Why is the government so disenchanted with international arbitration? How is the act’s investment arbitration chapter supposed to work? Are these limits to international arbitration a brand new…
Enterprises in China’s Free Trade Zones Enter 2017 with New Options for Arbitration
…Trade Zones. The Necessity for the Selection of an Arbitration Institution under Chinese Law Chinese law mandates institutional arbitration of domestic disputes. Article 16 of China’s Arbitration Act requires each…
Australia’s International Arbitration Act Amendments: Rejuvenation by a Thousand Cuts?
…should the parties to an investment arbitration, which is to be conducted subject to the Transparency Convention, agree that the seat of the arbitration should be in Australia, this amendment…
P&I Insurer’s Consent to U.S. Jurisdiction in Service of Suit Clause Does Not Override Contractual Right to Arbitrate
…at 203-04 (arbitration awards are not self-enforceable and therefore, service of suit clauses can dictate the location of any action that might be necessary following arbitration in order to enforce…
Can Foreign Investors Sue the UK for Brexit?
…addressing the question of whether Brexit may give rise to viable investment arbitration claims against the United Kingdom. So on May 30, 2017 the University of Notre Dame and Volterra…
Choice Between Interim Relief from Indian Courts and Emergency Arbitrator
…have agreed otherwise. As for emergency arbitration, while the Act makes no reference to it, rules of Indian arbitration institutions – such as the Mumbai Center for International Arbitration and…
Enforcement, Investment, Investor, ISDS, Permanent Court of Arbitration, Singapore, UNCITRAL Arbitration Rules
PCA Award Trapped in the Confines of the Singapore State Immunity Act
…Lesotho [2017] SGHCR 2, AR Pereira was asked to decide whether an order to enforce a final award in a treaty dispute administered by the Permanent Court of Arbitration is…