…settlement of the dispute or otherwise agreed to a procedure, moreover, it can only be submitted to arbitration in accordance with Annex VII (Article 287(5)). Annex VII arbitration (as opposed…
…Arbitral rules similarly give the tribunal wide discretion in determining the relevance, materiality and admissibility of evidence. For instance: (a) The UNCITRAL Arbitration Rules simply provide that “the arbitral tribunal…
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,…
…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…
…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….
…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,…
…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…
…possible ethics regulators, including arbitration associations, and panelists very briefly engaged the question of the institutional incentives to adopt effective ethics rules. Ethics rules can cover a variety of topics,…
…governing arbitration proceedings is that, in case parties are silent on the procedural rules, “the arbitral tribunal may … conduct the arbitration in such manner as it considers appropriate” (see…
…Council’s motion to confirm an arbitration award (“Award”) imposing a four-game suspension on New England Patriots (“Patriots”) Quarterback Tom Brady (“Brady”) and granted the NFL Players Association’s cross-motion to vacate…
…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…
…arbitral institutions’ rules and rulings. Arbitral institutions carefully calibrate the balance in their rules between party autonomy and mandatory provisions. Increasingly, institutions also serve as gatekeepers of arbitrator conduct. For…
…introduce new legislation –the push to introduce new law on arbitration law is no surprise. In addition, the idea to introduce a new act on civil procedure also brought the…
…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…
…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,…
…will no doubt rectify the Dubai Court of Appeal’s misguided take on the New York Convention and reassure the international arbitration and investment community that the UAE are a NYC-enforcement-friendly…
…motions. In reaching the decision currently on appeal, the New York federal district court summarized these awards in its opinion. It remains to be seen whether the New York federal…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…transport and commercialisation of oil and gas products. The contractual dispute resolution clause provided for ad hoc arbitration under the UNCITRAL Rules seated in Switzerland, preceded by conciliation under the…
The headline is there as a trap. The writer will argue that arbitration by women is not legal either. Legitimate, of course, but not legal in the strict sense, the…
…agreements (“FTA”) and has also been specifically addressed in new guidelines and arbitration rules. As TPF has rapidly and persistently grown into an industry that is ‘maturing nicely’ in the…
…either party. Under Rule 39 of the ICSID Arbitration Rules, a party may request that provisional measures for the preservation of its rights be recommended by the tribunal. Rule 39…
…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…
…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…
