Recent Event: The Case for Arbitration of Patent Disputes
The arbitration of patent disputes is on the rise. This is not only because patent litigation has been subject to criticism on multiple grounds, but also because arbitration offers several…
Search Results for: efficient arbitration
The Deafening Silence of the Anti-ISDS Groups After the Philip Morris Decision
On 17 December 2015, the website of the Permanent Court of Arbitration (PCA) announced that the Arbitral Tribunal in the Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of…
English Arbitration Act, Interim measures, LCIA Rules, Order of the Arbitral Tribunal, State Immunity
The Arbitrator’s Clothes: Peremptory Orders and State Immunity in Arbitration
…entity entering into an arbitration agreement with a state actor. Of course, the SIA provides solace for arbitration, in that “a State is not immune as respects proceedings in the…
Reasoned Awards in International Commercial Arbitration
…rulings (such as awards generated in investment arbitration or reasoned decisions from national courts), not all of those procedures are truly analogous to international commercial arbitration. This is just an…
The Impact of Third Party Funding on Allocation for Costs and Security for Costs Applications: The ICCA-Queen Mary Task Force Report
…arbitration law or any set of arbitration rules dealing with TPF in international arbitration, though both Hong Kong and Singapore are currently contemplating applicable reforms. Despite the lack of concrete…
Extension of Arbitration Agreements in Light of the Croatian Supreme Court Ruling – Caution with Pro-Arbitration Approach
…filed on the grounds that there was no arbitration agreement, or that it was invalid (Art 36 para 2 point a) of the Arbitration Law) the award dealt with a…
Disputable Aspects Regarding the Seat of Arbitration under Bulgarian Law
…conclusion of the arbitration agreement, or at the time of the commencement of arbitration? Therefore, it would be risky for two Bulgarian entities to agree on arbitration seated abroad even…
International Arbitration in Italy: Is the American Rule the Solution?
…the power of education to increase awareness of International Arbitration. Most important, it has been highlighted that one key reason which keeps most Italian businesses away from Arbitration is its…
Arbitration in Hong Kong: Looking Back at the Year of the Sheep
…to Singapore International Arbitration Centre (SIAC) for arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce”. A dispute arose between the parties. The…
The Russification of Collective Arbitration: Mandatory Joinder Provisions for Arbitration Rules for Corporate Law Disputes
…on-shore settlement of corporate arbitral disputes involving domestic companies. Only an arbitration institution which has adopted, publicized online, and filed special rules for arbitration of corporate disputes with a regulatory…
Africa, Annulment, Arbitrator's Fees, arbitrators’ conduct, Award Scrutiny, CCJA Arbitration, OHADA, Set aside an international arbitral award
A Step Back for OHADA Arbitrations?
…had exceeded their mandate by entering into a separate fee agreement with the parties to the arbitration. In response to the CCJA’s decision, the three arbitrators in question have taken…
Arbitration in the Abu Dhabi Global Market: Ready, Steady, Go …!
…of 1992 on Civil Procedures (the “UAE Arbitration Chapter”). Arbitration in mainland Abu Dhabi is frequently supervised by the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), which introduced a…
Myanmar Joins the UNCITRAL Model Law Asian Vanguard*
…the Myanmar Union Parliament adopted the Arbitration Law (Union Law No. 5/2016) (the “Arbitration Law”). Much of Myanmar’s Arbitration Law is based on the UNCITRAL Model Law on international commercial…
Avoiding Re-litigation of Identical Issues at the Enforcement Stage: A Deferential Approach
…of arbitration proceedings are among the least attractive characteristics of international arbitration. Compounding the problem, winning the arbitration is often only half the battle, as it is now common to…
S. 29A of the New Indian Arbitration Act: An attempt at slaying Hydra
The Arbitration and Conciliation (Amendment) Act, 2015 was passed by the Lok Sabha and Rajya Sabha on 17 December 2015 and on 23 December 2015 respectively and received the President’s…
Challenges and Opportunities in International Energy Arbitration: a Report from the 3rd Annual ITA-IEL-ICC Joint Conference
The 3rd 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…
The EU and Investment Arbitration under the Energy Charter Treaty
We are pleased to announce the event “The EU and investment arbitration under the Energy Charter Treaty” a conference organised by the Centre of European and International Legal Affairs (CEILA)…
Spotlight on International Arbitration as a Means of Settling Disputes Arising from Climate Change
…the civil war between the Government of Sudan and the Sudanese People’s Liberation Movement/Army (the Abyei Arbitration). Arbitration and climate justice Arbitration is an attractive proposition because of the range…
Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration institution, Arbitration Proceedings, International arbitration, Latvia, Validity
Arbitration in Latvia: Was a Restart a Failure?
…Arbitration”, “Independent Arbitration”, “Arbitration”, or “International Commercial Arbitration”. Another noteworthy group of introduced restrictions covers requirements for arbitrators. Only a person with legal capacity and an impeccable reputation who has…
Taking Risks In Structuring A Foreign Investment: A Golden Opportunity At All Costs?
…host State’s illegal conduct which had an adverse impact on its investment. Based on a treaty breach allegation, the foreign investor initiates arbitration proceedings positing that its rights under the…
Can two Indian parties choose a foreign seat for arbitration?
The Indian Arbitration and Conciliation Act, 1996 (“Act”) makes it clear that an arbitration between an Indian and a foreign party can be governed by foreign law and can have…
The Legal Consequences of Corruption in International Arbitration: Towards a More Flexible Approach?
…this principle was summarized in the famous Latin maxim: “ex turpi causa non oritur actio”. This principle has been widely accepted in international arbitration as well. To put it in…
The New Argentinian Legislation on Arbitration: Shift into First Gear or Reverse?
…seat for arbitration. Arbitration Contract Pursuant to Article 1649, an arbitration contract exists when the parties agree to submit all or certain disputes between them, which have already arisen or…
Transatlantic Trade and Investment Partnership (TTIP) and a Paradigm Shift from Arbitration to Investment Law Trial?
…that has kept a foot in private international law to one of (purely) public international law. So far, international investment treaty disputes have been essentially resolved through investment arbitration in…