…between insolvency and pending arbitration proceedings. NOTES SECTION Benoit LE BARS, Recent Developments in International Energy Dispute Arbitration Nitish MONEBHURRUN, Gold Reserve Inc. v. Bolivarian Republic of Venezuela: Enshrining Legitimate…
…or perhaps it was evident to the tribunal that it had jurisdiction over the counterclaims because the arbitration clauses in the participation contracts provide for ICSID arbitration over “any technical…
…top of that list are effective means of asserting claims and enforcing rights, i.e. efficient courts, and safe and secure business environment, i.e. law and order. The echo of the…
…otherwise within the jurisdiction of the Centre.” Thus, for jurisdictional purposes, three requirements must be met: (1) that the parties consent to submit counterclaims to ICSID arbitration; (2) that the…
Respondents want arbitration institutions to be less opaque The 2015 International Arbitration Survey is out. Subtitled “Improvements and Innovations in International Arbitration,” the most recent effort by Queen Mary /…
Registration is now CLOSED for Kluwer Arbitration London 2015, but with less than a week to go, I would like to offer all Blog readers an opportunity to submit a…
…by their own nationals in an international arbitral forum (the Spain-Venezuela BIT provided for UNCITRAL arbitration if arbitration under the ICSID Convention and under the Additional Facility Rules were unavailable,…
…contract and the arbitration agreement; (c) the arbitration rules; (d) proof of the arbitral tribunal’s jurisdiction; (e) proof that the award is final – plaintiff would be well advised to…
…Kong International Arbitration Center (HKIAC) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA) have significantly increased. Accordingly, it is fairly safe to expect that investment treaty arbitration will continue…
…members responsible for funding the arbitration (or who stand to gain from an award), even if not direct parties to the arbitration. The Impact on Arbitral Institutions Anecdotal evidence suggests…
In international arbitration, the effect of international sanctions regulations usually arises at two key stages. First, at the commencement of arbitration, where arbitral institutions, arbitrators and counsel involved in the…
…Arbitration Court of Russia (a state court), in Russian Telephone Company v. Sony Ericsson, declared a unilateral arbitration clause invalid. The decision attracted attention of arbitration participants both in Russia…
…into a most probably unsuccessful arbitration. An obvious but crucial observation in this respect is that arbitration has been contemplated as the last-resort step in the BIT investment protection system….
Introduction It is often said that the choice of a party-nominated arbitrator is the single most important decision a party will make in any arbitration. The right to appoint one…
…to decide which Indian court would have territorial jurisdiction in a domestic arbitration. The court, distinguishing the venue of arbitration from the seat, held that an arbitration being conducted at…
…interested in using arbitration in the follow-on context would appear to be to negotiate agreements to submit existing follow-on disputes to arbitration via ex post agreement. However, where a dispute…
…European law, of submitting antitrust follow-on damages claims to arbitration under existing, or ex ante, agreements to arbitrate. Part 1 of this post offers a few additional thoughts regarding the…
…therefore, no arbitration agreement existed between the parties. She further argued that the Singapore International Arbitration Act (the “IAA“) did not apply in situations where there was no arbitration agreement…
…The article addresses the past and present of international commercial arbitration in Latin America. Differentiating between international commercial arbitration and investment arbitration and reviewing the evolution of international arbitration in…
…in the international arbitration community have lost sight of the most powerful weapon in the advocate’s toolbox: simplicity. A previous post on this blog eloquently advocated the power of simplicity,…
…place of arbitration in online procedures justified? The issue of the place of arbitration in online arbitration has been clarified since 1998 by Gabrielle Kaufmann-Kohler in an article in which…
…refused to pay the fees, arguing that the contract had already expired and that B had not made a significant contribution to the project. Subsequently, B initiated ICC arbitration proceedings…
…pending arbitration proceedings shall be discontinued.” In other words, these articles govern not only validity of the arbitration clause, but further effects of bankruptcy on pending arbitration as well. Both…
…duty of arbitration, intentionally runs counter to facts and laws and twists the law when making a ruling in arbitration, if the circumstances are serious, he shall be sentenced to…
