…The prima facie standard applies for obtaining a stay of court proceedings in favour of arbitration under the International Arbitration Act (Cap 143A, 2002 Rev Ed) (the “IAA”); and •…
…two orders made on 17 July 2014 by the English Commercial Court – those orders themselves were made pursuant to Section 66 of the English Arbitration Act 1996, in recognition…
…12 November 2015, in the context of its negotiations for the Transatlantic Trade and Investment Partnership (TTIP) and in a bid to address growing criticism of investment treaty arbitration, the…
…by arbitration following exhaustion of local remedies (see Art. 15, revised Model BIT). The exhaustion of local remedies is thus a pre-condition for referral to arbitration, except where the foreign…
…interesting aspects of this interlocutory award is the Tribunal’s consideration of the interplay between the Tribunal’s procedural rules (modified UNCITRAL arbitration rules) and the CSD. The US argued that the…
…33 Journal of International Arbitration, Issue 1, pp. 37–82 Abstract In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute…
…effect of her career choices. She understands the working environment with which arbitration lawyers in private practice are familiar, albeit with a US slant. Slaughter’s arguments may be most strongly…
…on May 21, 2013 (the “Award”). It dismissed the claims in full and ordered the claimants to pay Peru’s arbitration costs in the amount of US$ 2,117,489.27. Thereafter, Peru filed…
…in international arbitration. As a recent post has noted, there are currently no provisions in any national arbitration laws or arbitration rules addressing TPF in international arbitration. This is true…
The Singapore International Arbitration Centre (“SIAC”) published a draft of new investment arbitration rules (the “draft SIAC IA Rules”) for public comment on 1 Feb 2016. They will be finalized…
…requires a member state (MS) to terminate them. Ms. Kokott pointed to the two opposing views to the validity of pre-accession BITs: that of the arbitration community, and that of…
…its own right, offering a viable alternative to seating an arbitration in the Dubai International Financial Centre (DIFC). To recap, choice of the ADGM as a seat of arbitration will…
…the Arbitration and Conciliation (Amendment) Bill 2015 which was passed by the Lok Sabha on 17 December 2015 and the Rajya Sabha on 23 December 2015 to make arbitration a…
…contract. Coral submitted the controversy to arbitration. During the arbitration proceedings, MDIS challenged two of the members of the arbitral tribunal (the President and Coral’s appointed arbitrator) before the Colegio…
…Arbitration Act (“BAA”), according to which an award annulled before the competent court of the arbitration seat cannot be recognized in another country. The Brazilian Public Attorney´s Office, which, according…
…sought by the parties. Instead, parties only seek to recognise an arbitral award. The provisions in the DIFC Arbitration Law parallel that of the New York Convention. […] 124. Accordingly,…
…in investment governance than the current system of one-off arbitration. But fallback options—meaning a reformed version of investor-state arbitration, perhaps with a permanent appeals body—should not be categorically ruled out,…
…say? i) Arbitration and Mediation Rules: ISTAC Arbitration and Mediation Rules (the “Rules”), as well as Fast Track Arbitration Rules and Emergency Arbitrator Rules, may be reached online through www.istac.org.tr….
…for state and municipal needs cannot be submitted to arbitration. The law is silent on whether other public-related disputes (e.g., disputes with state owned enterprises) will be open to arbitration….
…arbitration by commencing proceedings: either by filing a request to arbitration with the relevant institution, or by sending a Notice of Arbitration in an ad hoc arbitration context. Conclusion Anzen…
Introduction Dan Cake, a Portuguese company and one of the biggest biscuit producers in the world, invested in Hungary by acquiring a Hungarian company’s shares, later named as Danesita. Although…
…topics covered in those reports and primers cover all phases of an investment arbitration from registration to award. One area that could benefit from further scrutiny, however, are the costs…
On 19 June 2015, the Armenian Parliament adopted a package of laws related to arbitration. This was the first arbitration reform since the adoption of the Law on Commercial Arbitration…
…meantime, the US Federal Arbitration Act (“FAA”) – which applies to domestic arbitration more broadly, as well as consumer arbitration – does not set any restrictions for the consumers to…
