Yukos Awards set Aside by The Hague District Court
…Court was satisfied that Russian law confines the option of arbitration to civil law disputes, and does not provide a basis for the arbitration of disputes arising from legal relations…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
A Road Worth Taking: Brazil’s Tortuous but Ultimately Encouraging Path towards the Implementation of the New York Convention
…contrast, an arbitration between two Brazilian parties in a foreign situs will be considered a foreign arbitration, subject to the New York Convention grounds only. are subject only to a…
Trees do not grow from the sky: Promoting institutional arbitration in Bosnia and Herzegovina
…made to introduce arbitration provisions into the civil procedure law, and the BiH Court arbitration rules were established. Prior to this, it would seem that arbitration in BiH was limited…
Singapore Court of Appeal: Sanum Investments Limited v The Government of the Lao People’s Democratic Republic
…refers to a “dispute involving the amount of compensation for expropriation” being referred to arbitration (the “Second Question“). The tribunal answered both questions in the affirmative and found that it…
The scope of the DIFC Courts’ curial jurisdiction in support of arbitration: A step too far?
…Regulations as prescribed by the DIFC Arbitration Law”, the Justice found that “the Arbitration Clause (13.5) alone [did] not clearly nominate the DIFC to be the Seat of Arbitration and…
Iura Novit Curia Stealing the Limelight (Again)
…when the exercise of iura novit curia powers leads to the application of legal provisions or arguments that do not fit within the legal framework argued during the procedure. It…
Preliminary Determinations – Path to Efficiency OR Treacherous Shortcut?
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
The Conduct of Bad Faith in Arbitration by States
…and troubling – allegations against Argentina: Threatened criminal prosecution against Claimants’ and Air Comet’s legal representatives for their participation in this arbitration, including the execution of the Assignment Agreement and…
Where Does the First Investor-State Arbitration Award in the Spanish Renewables Cases Leave Us?
…sell their electricity production benefiting from the regulated tariff had been introduced. The changes also introduced new technical requirements that implied significant new costs for the investors, and new access…
Who Should Regulate Counsel Conduct in International Arbitration?
…Arbitration Association. In the absence of any uniform code of ethics governing counsel conduct in international arbitration, there has been a reliance on mandatory national rules. Such national rules, however,…
A Bid for Strong Arbitrators
…safeguard the integrity of the proceedings, and to properly fulfil their mandate as an adjudicatory body. The General Guidelines for the Parties’ Legal Representatives, attached to the latest LCIA Rules,…
ISDS Through the Looking Glass: The Case of Israel
…and the ex-parte filing of a certain “secret” legal opinion the government of Israel commissioned from a US law firm, in replying to the petitions filed to the Supreme Court,…
Representative Claims in Arbitration: Lessons From Lloyd’s
Although maritime arbitration is now considered to be distinct from both international commercial arbitration and investment arbitration, the procedures have common legal roots as well as many common procedures. As…
Compulsory consent in Sports Arbitration: Essential or Auxiliary
…giving notice of intent to initiate arbitration proceedings. This format of arbitration works even without actual privity of contract, as only States (rather than the parties initiating the arbitration) are…
Comments on Lord Chief Justice Thomas’ 2016 Bailii Lecture which promotes a greater role for the courts in international arbitration
…Courts and Arbitration”. In it he claims that arbitration is hindering the development of the common law by taking cases away from national courts and allowing commercial claims to be…
Flash, Flash! Hundred Yard Dash: Limitation Defence in the Russian Arbitration Practice
…SIAC) or requests (SCC, ICC, LCIA) for arbitration are alternatively used abroad to commence arbitration, and they have rarely been used in Russia to date. No wonder that the “request…
Arbitrating Chinese Disputes Abroad: A Changing Tide?
…Contract Law (stating that “parties to a foreign-related contract may, according to the arbitration agreement, apply to a Chinese arbitration institution or any other arbitration institution for arbitration”) and Article…
CETA, EU-Vietnam Free Trade Agreement, ISDS, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership
The European Union Commission Proposal for the Creation of an “Investment Court System”: The Q and A that the Commission Won’t Be Issuing
…attempting to create new international judicial bodies (i.e., abandoning arbitration)? A = Not really. The proposal to the US in the context of TTIP, but even more so the agreements…
ICC and OAS Survey on Arbitration in the Americas
…survey have allowed the research team to produce far more information on the practice of arbitration in Europe than has previously been available (see, e.g. this discussion of arbitration in…
Arbitration and European Account Preservation Order
…proceedings relating to arbitration, in particular, the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure,…
State 1 – Investor 1: Bring it on!
…protection to state immunity from execution.1)G. Travaini, State 1 – Investor 0: Recent French Decisions regarding Sovereign Immunity from Execution, Kluwer Arbitration Blog (27 August 2013). A new turning point…
Arbitral Award, Arbitration Agreements, European Convention on Human Rights, European Court of Human Rights, Switzerland
ECtHR: Waiver of Recourse Against International Arbitral Award Not Incompatible with ECHR
…or they may limit that right to one or several of the grounds for challenge listed in Article 190(2). A limited number of other national arbitration laws contain similar provisions,…
HKIAC Practice Note on Consolidation: The Latest Step Towards Successfully Managing Complex Disputes
…related transactions, and the arbitration agreements are compatible (incompatible arbitration agreements may include, for example, those specifying different places or rules of arbitration). In contrast, certain other arbitration institutions that…
A European Perspective on the Arbitration of Patent Disputes
…process in the conduct of the arbitration. An experienced arbitral tribunal is unlikely to allow either ground to occur. Other significant advantages of arbitration include the ability of the parties…