Amir Matar Associate, Sarie El Din & Partners Legal Advisors & Founding member of the Arab Legal Forum On 12 November, fifteen of the foremost arbitration specialists in the world…
…International Courts and Tribunals, a new edited volume by Chiara Giorgetti, analyses arbitrators and judges’ challenges and addresses some fundamental, related questions: What does the increase of challenges tell us…
…parties, as well as states, would be left to guess as to what conduct might fall within its provisions. In light of these concerns, the United States and its negotiating…
…key motives to have led the Government to undertake a broad institutional review of its investment protection treaties and question investor-State arbitration as a legitimate system for the adjudication of…
…FTAs), and Rwanda and Uruguay (BITs). Old and new provisions. A broader scope for regulatory non compensable measures? Annex 9-B establishes the guideline to interpret the expropriation and compensation provision…
…UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention…
…the use of alternative dispute resolution methods. International Arbitration is one of these mechanisms, and its main benefits are well-known to legal practitioners. As set out in greater detail below,…
Third party funding (“TPF”) has attracted a great deal of attention from the legal community, as it offers significant advantages and poses serious risks for international arbitration. Besides guaranteeing access…
by Anja Havedal Ipp, Arbitration Institute of the Stockholm Chamber of Commerce A year into the sanctions regime, the arbitration community is trying to assess and predict its impact on…
…from court litigation, for international arbitration as a means to resolve investment disputes under the ICSID-Convention, the UNCITRAL Arbitration Rules, at the Regional Centre for Arbitration in Kuala Lumpur or…
Michael P. Daly is a Visiting Scholar at George Washington Law School and Legal Adviser to Charles N. Brower and Jawad Ahmad is a Legal Adviser at the Iran-US Claims…
…a growth in importance for international commerce in all areas. Can arbitration become the legal lingua franca, the legal trade mechanism, to enable the region to have a common meeting…
…Arbitration Rules and the SIAC Investment Arbitration Rules in December 2015 for public comment. The new SIAC Arbitration Rules will be launched at the SIAC Congress on 27 May 2016….
…hearings to be closed temporarily. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (‘Rules on Transparency’), for example, which also provide for the presumptive openness of arbitral hearings, are…
…It is an interesting and important topic from the point of view of comparison between awards rendered under the Arbitration Rules of the International Centre for Settlement of Investment Disputes…
…IBA Rules on the Taking of Evidence in International Arbitration have historically been a compromise between civil law and common law. The current controversies on document production in international arbitration,…
…Committee’s decision provoked lots of concerns and legal uncertainty with regard to Andes’ prerogative to file a request for arbitration against Ecuador seeking compensation for the remaining 40% of damages….
…taking place, a question to be asked is then what possibilities are there for states to have their voice heard in the construction of the rules of this new order…
…the arbitration proceedings Unlike virtually any other institutional rules, the Rules of the Arbitration Court specifically designate that the seat of arbitration shall be in Sarajevo. This is not a…
In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”)….
…uncertainty in India’s arbitration jurisprudence as the answer largely depended on – 1) the seat of arbitration and curial law, 2) the law applicable to the arbitration agreement, and 3)…
…Vienna or Hong Kong. Aside from the inevitable financial issues, some countries lack arbitration expertise. Countries with brand-new Model-law legislation now need arbitration-savvy lawyers, and judges who appreciate the significance…
In January 2015, a new arbitration institution, under somewhat ambiguous name of the Civil Arbitration Court (“Parnični arbitražni sud”) [“CAC”], was established. The program and rules provided by the CAC…
…main contract, the claims under that contract and/or the arbitration agreement” [A. J. van den Berg, International Commercial Arbitration: Important Contemporary Questions, 2003, 239]. In his 1963 award, Judge Lagergren,…
