GTH v. Canada may sound familiar to media entities
On June 6, 2016, the ICSID Secretary General registered a request for arbitration in Global Telecom Holding (GTH) v. Canada. Although the text of the arbitral claim is not yet…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
The TPP as a Template to Liberalize Investments: Normative Glory or Chaos?
…and if it has not been specified, the tribunal will apply the law of the respondent, including the rules on conflict of laws and such rules of international law as…
Enforcement of Foreign Awards in the UAE: Back on Track?
…New York Convention. Therefore, its provisions applied to the present dispute. The New York Convention provides that, as a general principle, and subject to any permissible reservations that it has…
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?
…to arbitrators. Multiparty and multi-contract disputes. The draft new rules include provisions designed for more efficient resolution of complex disputes. Article 13 of the draft Arbitration Rules provides for joinder…
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
…be able to initiate investment arbitration proceedings. Background of the case Philip Morris International (PMI), a company incorporated in New York, produces cigarettes and owns several subsidiaries and affiliates globally…
Award in commodities sector enforced despite absence of original arbitration agreement
…rule of good faith, a party’s conduct can cure formal shortcomings in the arbitration agreement under Art. II(2) NYC. In the Court’s words: “In the context of international arbitration, the…
Increased Efficiency through Arbitral Decisions on Preliminary Issues?
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
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?
…the heart of Abu Dhabi (see my previous reporting here), entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters with immediate effect from that date (for…
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!
…arbitration rules, (iii) the default-appointment of arbitrators under the EMAC arbitration rules, (iv) the registration process of eligible arbitrators and their inclusion in the EMAC roster of arbitrators, (v) determining…
YAI TALKS #DC: Treaty Claims by Dual Nationals and Collection of Treaty-Based Awards
…customary rules of nationality in the BIT context, Childress further suggested that when a BIT is silent on the question of dual nationality, international customary rules of diplomatic protection may…
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
…half of legal advisors agreed. Two-thirds of users supported using dispute resolution provisions that required mediation prior to arbitration or litigation, but few advisors embraced that view. There were also…
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?
…Centre (the “Center”) and a Code of Conduct of Arbitrators are almost ready and expected to be officially in place. These rules contemplate a number of hybrid rules, including: (1)…