…Strabag was unable to start the construction work within the 180 days’ timeframe provided in the agreement. Consequently, Strabag initiated arbitration proceedings before the Permanent Court of Arbitration in the…
…situation where a Contracting Party’s conduct creates reasonable and justifiable expectations on the part of an investor (or investment) to act in reliance on said conduct, such that a failure…
SIAC released new rules of procedure (“SIAC Rules”) for the management of its arbitration practice, effective 1 August, 2016. Some of the new provisions are ground-breaking. New provisions include a…
…doping. Since Ms. Pechstein has signed a CAS arbitration agreement in the organization’s registration form, she commenced arbitration proceedings to challenge ISU’s suspension. Following an unsuccessful arbitration, she challenged the…
…legal issues). Feldman notes that coordination challenges might arise. These would be compounded by the TPP states parties’ cultural, legal and economic dissimilarities. The Report touches on a concern that…
…arbitration clause providing for ICC arbitration seated in Singapore, governing law of the contract as New York law and no law was specified to govern the arbitration agreement. When the…
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…
…For those of you looking for a New Year’s resolution, you’ll find inspiration in the posts by Greg Bond and John Sturrock (links to which can be found at the…
…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…
…consistent with French Constitution provisions and therefore rejected the Senate’s objection. The Constitutional Council stated that the judicial authorization ensures compliance of the legal conditions required for the enforcement measures…
…(property) of Vattenfall were unjustifiably expropriated? It therefore does not come as a surprise that the main elements of the legal analysis and conclusions of the GCC can to a…
…representatives from the BRICS member states be set up to suggest institutional reforms in international arbitration and develop arbitration as an alternative dispute resolution mechanism for intra BRICS investment and…
…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…
…tribunals to strictly implement formal quality (formale Qualität) in their awards, especially in the absence of an appellate mechanism in the context of arbitration by which legal flaws in the…
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…
…Brexit and now also in the US after Mr Trump has been elected new President. Thus, TTIP is not coming with Mr Trump as new US President, while CETA is…
…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…
…Section 1782. Kleimar opposed Vale’s motions by arguing, inter alia, that (1) Vale does reside in New York, through its New York-registered indirect subsidiary Vale Americas, Inc. (“Vale Americas”); and…
…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…
…2016, Part IV, contains detailed provisions for an optional arbitration mechanism that states may sign up to as part of their participation in the BEPS Convention. Mandatory Binding Arbitration The…
