…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…
…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…
…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…
…the arbitration clause read: “Arbitration in India or Singapore and English law to be (sic) apply.” A dispute arose ultimately reaching the Bombay High Court. The Bombay High Court held…
…Contract, a new Government comes to power in country Y and the new Minister of Economics and Development, invoking the payment of the “commission”, refuses to pay the remaining contract…
…national legislation on arbitration, but also that the Code expressly recognizes the most accepted pro-arbitration principles. However, the reform comes with a caveat. At least three provisions will likely cause…
…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…
…Model BIT differs from the Draft BIT. While the Model BIT contains new provisions which did not exist in the Draft BIT, most of the other provisions have been tweaked…
…announcement on December 17, 2014 promoted a new course in U.S. relations with Cuba, the U.S. embargo is still in force. In 1992 the Cuba Democracy Act strengthened the embargo…
…(that arbitration is in general in a better position to provide) and, on the other hand, the enforcement of the arbitration clause inserted in numerous swaps contracts, make arbitration a…
…including, in 2012 alone, the Kigali Centre for International Arbitration (“KIAC”), the Lagos Court of Arbitration, and the LCIA-MIAC Arbitration Centre (a collaborative union between the LCIA in London, the…
…Arbitration Act On 26 May 2015, Brazil amended its 1996 Arbitration Act. Rather than a new law, the reform is a refined text reflecting the pro-arbitration jurisprudence of the courts…
…enforcement of arbitral awards in Russia has been criticized by Russian scholars. Moreover, the Russian Arbitration Association suggested amendments on arbitration law in order to prevent such shareholders’ conduct. However,…
…ones. The DCA Law directly stipulates that the rules of the former need not accord with the statutory requirements on the content of arbitration rules, which it also sets out….
…second caveat is more mechanical, in that the new policy requires tribunals to submit a draft award. Under the ICC arbitration rules, drafts are subject to review by the ICC…
…Club of Arbitration, the new rules for corporate arbitration included in the Rules of Arbitration of the Court of Arbitration of Madrid (in force from 1st March 2015, art.52), and…
…illustrate how issue conflict challenges can ensure that disputes are resolved before open-minded arbitrators who will entertain competing arguments concerning controversial legal issues. In Zamour’s view, issue conflict challenges properly…
…Omani Arbitration Centre, whereby three arbitrators would determine the dispute pursuant to the Omani arbitration rules. The Tribunal must be concerned only with the fact that OMCO terminated the OMCO–Emrock…
…Area, better known in shorthand as the US-Oman FTA, which entered into force on 1st January 2009. The ICSID Tribunal comprised of a set of eminent investment arbitration specialists (Judge…
…new proposal for an international court system (ICS), a completely different dispute settlement regime would apply to energy disputes under TTIP compared to the ISDS provisions contained in the existing…
…practice, the last requirement excludes arbitration practitioners from appointment. This is not necessarily a good thing, given arbitration practitioners’ expertise in investment arbitration law and their wide experience in investment…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…jurisdictions are opening new arbitration centers and hosting an unending flurry of arbitration conferences, symposia, and “Arbitration Days.” Finally, we know that the arrival of third-party funders is putting an…
…appear to be inconsistencies between the Ordinance and the Arbitration Ordinance. The Arbitration Ordinance has not made changes to the definition of “Court” under section 2(1)(e) of the Arbitration Act…
