…an arbitration clause. The English High Court held that the arbitration clause in the letter of undertaking replaced the four prior arbitration clauses and, thus, regarded the subsequent arbitration clause…
On January 1, 2016 the Milan Chamber of Arbitration (“Milan CAM”), issued Rules for Dispute Boards (“Milan Rules”) exactly one year after the Arbitration and Mediation Center of the Santiago…
…end of this digest). The December posts opened with the first of a two-part article by Geoff Sharp which considers the development of third-party funding of litigation, arbitration and mediation….
…Justice in Arbitration? My presentation focused on the role of international arbitration, in particular investment arbitration, in enforcing the Paris Agreement State’s duties. Can arbitration, a method of dispute resolution…
…and thereby protects public interest. After the Bill is enacted, the perception of Paris as one of the top arbitration jurisdictions in the world may be affected due to provisions…
…the prolongation of the operational lifetimes”. Again, the similarities with the legitimate expectation principle in investment arbitration law is striking. Many arbitral tribunals have essentially approached this matter in the…
…BIT replaces investor-state arbitration with other alternative dispute resolution mechanisms, such as an ombudsman, state-to-state arbitration and “dispute prevention procedures”. • The BIT does not provide for the blanket protection…
…would be advisable to use arbitration as a means of dispute solution in the context of asset management, generally speaking, the interviewees did not recommend the use of arbitration unless…
…and International Arbitration (the “Report”) have shown that this theoretical approach is largely adopted by financial institutions, which, nevertheless, still have concerns in submitting disputes to international arbitration. While showing…
…the substantive law of the arbitration agreement, not of the lex fori2)Section 2(5) of the Act provides that where English law governs the arbitration agreement and where an arbitration is…
…the level of a violation of Austria procedural ordre public. By reference to the amendments introduced to the Austrian Arbitration Act (Schiedsrechtsänderungsgesetz 2006), the Austrian Supreme Court overturned its longstanding…
The ICC Commission on Arbitration and ADR’s Task Force on Financial Institutions and International Arbitration recently published its ‘Report on Financial Institutions and International Arbitration’ (the “Report”). The undersigned had…
The new ICC Report on Financial Institutions and International Arbitration finds that the oft-cited financial institutions’ averseness to arbitration, abstractly stated, is incorrect. Financial institutions’ perception of arbitration is rapidly…
…not mean that the EU has exclusive competence over all aspects of investment law and arbitration. Indeed, by the very fact that the European Commission has voluntarily agreed to treat…
…to do with arbitration? Could a similar mechanism influence users’ opinions as to the quality of arbitration and its results? If so, these biases must be kept in mind when…
…show that, for purposes of Section 1782, the foreign arbitration is subject to judicial review akin to that available under the English Arbitration Act of 1996? Kleimar is unlikely to…
…arbitration as means of resolving cross-border disputes in Asia. Slowly but steadily, Asia has established its presence on the international arbitration world map. The main drivers of this process have…
…analogy of the Argentina arbitration cases suggesting that a fair and equitable treatment standard gives rise to legitimate expectations. As discussed in detail by Michele Potesta here, legitimate expectations can…
…resolve the dispute. Mandatory binding arbitration has been advanced as the best way to effectively resolve tax treaty disputes. Provision for such arbitration was included in the OECD Model Convention…
The 2016 International TMT Dispute Resolution Survey, sponsored by Pinsent Masons LLP, is the seventh survey carried out by the School of International Arbitration since 2006. It is part of…
Over the past few decades, responding to the need to control the growing costs and time of arbitration proceedings, the International Court of Arbitration of the International Chamber of Commerce…
…seat, form of arbitration agreement, use of institutional or ad hoc arbitration – is deemed to be part of the lex arbitri, the procedural law of the seat of arbitration….
…arbitration. Conclusion: Keep the doors open The door for tribunal secretaries has been opened and will almost certainly remain open. In arbitration hubs like Singapore, it is undeniable that top-notch…
…PRC Arbitration Law. Article 16 provides that any arbitration agreement must include (i) the parties’ intention to arbitrate disputes; (ii) the matters to be arbitrated; and (iii) the Arbitration Commission…
