…ad hoc arbitration, meticulous drafting of the arbitration agreement is paramount. If parties prefer institutional arbitration, the choice of arbitration rules becomes crucial. In some (extreme) cases, the choice of…
…various angles, transcending the boundaries of legal systems and legal cultures and covering both commercial and investor-state arbitration. Kickstarted by an afternoon of Young ITA events (among them a mock…
…into two categories. The first category (Protocols A, B, and C) comprises the code of conduct for arbitrators, model provisions on mediation, and draft provisions on procedural and cross-cutting issues…
…emphasis on the role of the arbitral tribunal in facilitating parties to achieve an amicable resolution. To that end, arbitral institutions have incorporated specific provisions in their rules or guidelines,…
…obligations (s.12(1) of the UNCITRAL Model Law, Sch. 2 to the Ontario’s International Arbitration Act) concerning a prior engagement by counsel in another separate and ongoing arbitration. As in Ballantry,…
…some of the key substantive provisions of the Convention. Last, the blog post shall explore the interplay between the Convention and international arbitration. 2019 Hague Convention: A Short History…
…a form of exclusivity and protection against the world (erga omnes), while arbitration, a creature of consent, only binds the parties to the arbitration agreement and the arbitration itself (inter…
…emergency arbitration proceedings in Article 29 of its 2021 Arbitration Rules. Reflecting international practice, major arbitration chambers in Brazil have likewise recently adopted well-crafted rules on emergency arbitration, largely on…
…an omnibus arbitration regime. “Bright line” rules This same emphasis on practicality can be seen in the Draft Act’s definition of “international commercial arbitration”. The Model Law definition includes…
…submission of a claim to arbitration, and (vi) non-retroactivity. Several new topics were also addressed. In the Foster Wheeler submission, for example, the United States addressed preliminary objections based on…
…their shares in a company to Petronz (“the SPA”). The SPA provided for disputes to be resolved by arbitration under the LCIA rules. Petronz did not pay the purchase price…
…disputes under the FOSFA Arbitration Rules (“the Rules”). NHP failed to perform its obligations on time and proposed to extend the delivery dates due to force majeure. Thywissen rejected that…
…the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating…
…it comes to procedural issues, such as evidentiary issues, as different rules apply in arbitration. One may add to these concerns the risk of judicialization of arbitral proceedings. This term…
…direct the parties to arbitration if a party raises an objection that there is an arbitration agreement, unless the arbitration agreement is void. In contrast to the prior arbitration provisions…
…1065 of the DAA, arguing that the arbitral award must be set aside for the lack of a valid arbitration agreement since the condition precedent for the arbitration agreement –…
…only signatories to an arbitration clause can be parties to an arbitration, based on the principle of privity of contracts and the requirement that arbitration clauses be in writing (Bahraini…
…His refusal and subsequent behaviour are suspicious. The matters are subject to mandatory disclosure under the applicable law and arbitration rules, but how can this be enforced? This situation raises…
…arbitration that is crucial for improving efficiency in international dispute resolution. Alberto Jonathas Maia, Impartiality of Arbitrators in Brazilian Law: An Intersectional Approach Between Arbitration, Economics, and Psychology This…
…the 2018 HKIAC Administered Arbitration Rules (the ‘2018 Rules’) where the Claimants initiated a single arbitration under multiple contracts, HKIAC determined not to proceed with a single arbitration under all…
…Arbitration Rules (ICC Case No. 19058/GFC). In the arbitration, CW Travel obtained a favorable award of approximately US$ 2,14 million. Afterwards, CW Travel sought the enforcement of the ICC Award…
…all disputes arising out of the contract are to be determined by arbitration in accordance with the Gafta Arbitration Rules under English law. The arbitral process is administered by Gafta…
…This article analyses in detail the multifaceted types of disputes involving businesses, as well as the responses by international arbitration institutions. After highlighting how international commercial arbitration can resolve existing…
…Centre for International Arbitration; Centro De Arbitraje De Mexico; Africa Institute of Mediation and Arbitration; Istanbul International Arbitration Centre; Vienna International Arbitration Centre; Jamaica International Arbitration Centre; PCA Arbitration Rules;…
