The answer to this question might seem simple, but consider an instance of a commercial arbitration between a Chinese company and an African state arising out of a failed railway…
…of how, despite adopting a pro-arbitration policy, the Singapore courts will not enforce arbitration clauses indiscriminately. The mere existence of an arbitration clause does not, without more, carry the day….
…administered by the DMS may use the model arbitration clause provided on the DMS website. Arbitration proceedings are conducted on the basis of the DMS Rules of Arbitration (“DMS Rules”)….
…first steps in adopting and promoting arbitration and other dispute resolution-related subjects. In fact, the overwhelming majority of courses do not have “arbitration” or “ADR” in their syllabus and the…
…alone an arbitration agreement within the meaning of Section 7 of the Arbitration Act (which is based on Article 7 of UNCITRAL Model Law on International Commercial Arbitration, 1985). The…
…into an arbitration agreement and is entitled to all its effects. The private party may initiate arbitration, including through the system to compel arbitration through national courts set forth by…
…plans, namely the overlooked issue of the place of arbitration. Similar to many other investment treaties, Art. 8.23.2 CETA allows an investor to choose between different arbitration rules. The three…
…a foreign arbitration award rendered in an ICC arbitration proceeding under the FIDIC Red Book 1992. In the award, the arbitral tribunal refused to consider counterclaims filed by the Contractor…
…abuse. Consequently, the WWF procedures in order to respect the human rights of the Baka should be revised.” This dispute is interesting and relevant for the investment arbitration community for…
…Bernard Hanotiau and Pedro J. Martinez-Fraga were interviewed by Oliver Caprasse and Claire Morel de Westgaver at an event jointly organised by Belgian arbitration institution CEPANI and US law firm…
…could, but not necessarily would have had concluded arbitration agreements with each and every one of them. Arbitration would in that regard be bipolar in a sense that there would…
…arbitration practitioners. The world of investor-state arbitration has long been exposed to “guerrilla tactics.” Part of such guerrilla tactics may well be to make unsubstantiated factual claims, support these claims…
…set up the proceedings? Attend a minimum number of session? Cooperate? Act in good faith? Settle? Refrain from commencing litigation/arbitration? In order to assess the scope of the parties’ obligations…
On 8 March 2017, the Romanian Parliament sent to the Romanian President for promulgation the Law allowing for the termination of the Bilateral Investment Treaties between Romania and other Member…
…disputes related to transfer of technology agreements to arbitration with the seat of their choice, particularly in light of the ambiguities in the Egyptian Arbitration Law. Philippe Hovaguimian, The Res…
…innovations on the list, six directly address transparency and/or diversity in international arbitration. From an online directory of African arbitration practitioners, to the launch of “Dispute Resolution Data”, which offers…
…Commercial Arbitration. Head to KluwerArbitration.com to order your copy. This article was originally published on arbitration-icca.org. ICCA is a worldwide non-governmental organization (NGO) dedicated to promoting and developing arbitration, conciliation…
…contrary to the duties of impartiality and neutrality. The amendment became effective on 18 October 2016. As we have seen in the last few months, the international arbitration community has…
…defense].” In an article I wrote, published at 27 American Review of International Arbitration 311, I propose a practical 3-step approach to estopping states who are complicit in the corrupt…
…became the sole arbitrator. The arbitration clause did not provide for any arbitral institution such as the ICC or the LCIA to administer the arbitration proceedings. Had the proceedings been…
The 4th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of…
…period for counterclaims does not seem unequivocal in investment arbitration. Hypothetically, if respondent state raises counterclaims even long after the start of arbitration by claimant, it can still attempt at…
…balance the State’s right to regulate and the investors’ expectations. In this context, this article seeks to understand to what extent Argentina’s tumultuous investment arbitration past influenced the negotiation of…
The tug-of-war between transparency and confidentiality was a subject of lively discussions at the 2017 Vienna Arbitration Days. Vienna Arbitration Days is Austria’s leading arbitration conference. Every year, it brings…
