Should Arbitration Agreements Contain Fixed Deadlines?
…has made with decision deadlines could be usefully transferred to arbitration proceedings in other seats. Under a legal system which does not expressly stipulate rules for such time limits and…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Arbitration Agreements and Insolvency Proceedings: Comparing the Pro-Arbitration Perspectives in Singapore, the United Kingdom, and India, and Calling for International Consensus
In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into the legal position in three…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 12 (December 2023)
…award rendered under the arbitration rules of the 1996 Arbitration Act of the United Kingdom, dismissing allegations of violation of Chilean public policy, based on the existence of parallel proceedings…
McConnell v. Advantest America, Inc. – California Court of Appeal Finds Subpoena of Nonparties for Production/Appearance at Discovery Hearing Exceeds Arbitrator’s Power
…mirrors the approach in other states, such as New York,3)See the 2014 New York Supreme Court Ruling to quash nonparty subpoenas in Empire State Building v. New York Skyline, Inc….
Asymmetrical Avenues for Annulment – The Continuing Controversy over the Setting Aside of Negative Jurisdictional Decisions
…principle be remedied through the constitution of a new tribunal (comp. Rule 74(1) of the ICSID Arbitration Rules). On a more fundamental level, the Advocate-General argued that the principle of…
CRCICA Launches New Arbitration Rules 2024
…“Other provisions” A new “Section VI” titled “Other provisions” include items not addressed under the UNCITRAL Arbitration Rules. These include: Consolidation of Arbitrations The 2024 Rules feature a new provision…
2023 in Review, Arbitration Act, Cryptocurrency, Expropriation, HK Arbitration Week, Hong Kong, Intellectual Property, Interim measures, ISDS, Japan, Korea, Kyrgyzstan, PRC, Renewable energy, Sovereign Immunity, Tajikistan, Technology, Third party funding, Turkmenistan, Uzbekistan
2023 Year in Review: Trends and Developments in East and Central Asia
…access to Japanese courts for enforcing arbitration awards. The amendments will become effective in April 2024. Our contributor also examined the Japan Commercial Arbitration Association’s (“JCAA”) Interactive Arbitration Rules. Influenced…
Tendencies in Investment Arbitration in Latin America: Current Issues and Challenges
…has a committee with permanent and non-permanent members. This committee discusses and agrees on any sensitive issue concerning foreign investments, including any potential settlement. New ICSID Arbitration Rules and…
2023 Year in Review: Latin America and Investment Arbitration
Another year ends with set records for investment arbitration in Latin America. ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean…
Interviews with Our Editors: South Africa in the Spotlight with Svetlana Vasileva-Stratenwerth, Secretary General at the Arbitration Foundation of Southern Africa (AFSA) International
…longer arbitration durations, averaging about one year and seven months. Due to the lengthening of arbitrations, the cost of arbitration increases, and the primary benefit of arbitration — cost efficiency…
Brazilian Bill No. 2.925 of 2023: The Publicity of Class Arbitrations involving Corporations, its Investors, Officers and Major Stakeholders
…be settled by arbitration, as long as: (i) they are compatible with arbitration; (ii) other investors can also intervene in the arbitration, and (iii) these proceedings are made public, as…
2023 in Review, AIAC, Arbitrability, Arbitration Institutions and Rules, Confidentiality, Enforcement, Indonesia, Malaysia, Philippines, SIAC, SIAC Symposium 2023, Singapore, Thai Arbitration Institute, Thailand, Timor-Leste, VIAC, Vietnam
2023 Year in Review: Southeast Asia
…Arbitration Rules as part of its attempts to modernise its Arbitration Rules to be in line with widely recognised international arbitration practice. The key changes to the TAI’s Arbitration Rules…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Australia, New Zealand and Pacific Islands. The Assistant Editor…
2023 in Review: Commercial Arbitration Highlights in Latin America
…of the 2000s, marked by ambiguity, volatility, and political risk. In the realm of arbitration, several jurisdictions have undergone significant developments. Mexico and Chilean arbitration centers adopted new arbitration rules,…
2023 in Review: U.S. Courts Wrestle with New Issues and Refine Old Doctrine
In 2023, the United States courts expanded the role of international arbitration under existing law and wrestled with the application of new arbitration law and fact patterns. This post reviews…
Abuse of interests, Dominican Republic, Environmental protection, Latin America, Legality of the investment
Environmental Protection Policies and Foreign Investment in Latin America: Lessons from Michael Anthony Lee-Chin v. the Dominican Republic
…refused to revise the tariffs related to the concession, although it acknowledged that they were inadequate and even concealed documents to prove this. Claimant initiated the arbitration alleging that all…
Is the Time Right for a Multilateral Investment Treaty?
…generation BITs. The new BITs differ significantly from one another in terms of the level of protection, content of various clauses, the legal wording of the provisions, dispute settlement procedures,…
2023 in Review, Anti-suit injunction, Artificial Intelligence, Australia, Australian Arbitration Week, Climate change, Commercial Arbitration, Fiji, Interim measures, Investment Arbitration, New Zealand, Pacific Islands, State Immunity
2023 Year in Review: Australia, New Zealand and the Pacific Islands
2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to…
Sanctions Disputes and Arbitration: It’s a Mess!
Another session of Young ITA Talks, this time on sanctions disputes and arbitration, was hosted by Latham & Watkins in London on Wednesday, 22 November 2023. The panel, moderated by…
International arbitration, International Award, Investment Disputes, Investment protection, Taxation
Duel of the Giants: Global Minimum Tax v Global Investment Regime
…P2 Model Rules. P2 operates via an interlocking mechanism consisting of three rules: (1) Qualified Domestic Minimum Top-Up Tax (QDMTT); (2) Income Inclusion Rule (IIR); and (3) Undertaxed Profits Rule…
Security for Costs Against (Non-Sanctioned) Russian Claimants? – An Overview Under the Vienna Rules
…for a security for costs order are determined by the applicable institutional rules or arbitration laws, the respondent applying for security for costs will generally have to prove the existence…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 4 (2023)
…commercial arbitration. The article addresses the joinder of additional parties and the consolidation of several pending climate-related arbitrations and compares various arbitration rules. The article answers the question concerning what…
What ‘Matters’ in a Stay of Proceedings Under Section 9 of the English Arbitration Act 1996? – Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) [2023] UKSC 32
…of arbitration agreements. It demonstrated the need for courts to stay court proceedings in favour of arbitration where the relevant issue falls within the scope of the arbitration agreement, to…
The CIETAC Arbitration Rules 2024 Comes Into Force
On 1 January 2024, the new version of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2024 Rules) came into force. The 2024 Rules apply to CIETAC…