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…
…In Dutch Mediation Bill: Pushing the River? Martin Brink outlines some key features of the Dutch mediation market and examines the new bill to promote mediation in The Netherlands. Many…
…Commercial Arbitration Rules of the Japan Commercial Arbitration Association (“JCAA Rules“) party autonomy trumps the advantages of using expedited rules to ‘small claims’. Although the JCAA expedited procedures apply automatically…
…of Russia.” It is more appropriate to determine whether a foreign arbitration was institutional as a factual issue. The text of the arbitration agreement, the applicable arbitration rules, or sometimes…
…the tribunal. Liability generally Virtually all legal systems accord arbitrators a substantial degree of quasi-judicial immunity from civil claims arising out of their conduct of the arbitration. For example, section…
…arising out of or in connection with the JV Contract: “shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the Arbitration Rules of the…
Investment obligations and investor-State arbitration provisions normally have been negotiated under bilateral investment treaties (BITs), or, more recently, in the larger context of free trade agreements (FTAs). For investment provisions,…
…investor is: “a legal entity incorporated, constituted or otherwise duly organized in accordance with the laws and regulations of one Contracting Party, having its seat in the territory of that…
…inclusion of emergency arbitration provisions in the SIAC Rules and HKIAC Rules. It is hoped that with the launch of the MCIA providing for emergency arbitration and the Government’s push…
…and Kwikasair cases cited in this post, but it is also inconsistent with new developments in Brazilian arbitration law, as is the case with article 485(VII) of the new Brazilian…
…was amended in 2015 and a new Civil Procedure Code was enacted. The new Civil Procedure Code has some provisions regarding arbitration, which may lead to an incorrect perception about…
…ruled out arbitration in disputes involving Hungarian national assets. The provisions enacted in 2011 and 2012 were led by the thinking that (private) arbitration did not secure the protection of…
…dispute between the parties that has been brought to arbitration. Dismissal will only cause recommencement of the arbitration and the appointment of a new arbitral tribunal, which will result in…
…arbitration. Recently, both jurisdictions have made significant steps towards formally permitting the use of third party funding (“TPF”) for international arbitration in their municipal arbitration laws. Rocky road for TPF…
To the great excitement (some may say consternation) of the local legal profession, by adoption of a decree earlier this year (see Decree No. (19) of 2016 forming the Judicial…
…it in respect of genuine legal questions. [1] Arbitration Amendment Act 2016, s 4 (amending s 2(1) of the Arbitration Act). [2] Arbitration Amendment Act 2016, ss 5 and 6….
…blinding appointments—preventing nominees from knowing which party appointed them. How strong then is the affiliation effect among arbitration professionals? In a project with Anton Strezhnev, we designed an experiment to…
…ICC arbitration, seated in Miami (but reserving their rights to submit a defense). The respondents conduct was, on its face, contrary to Article 337, X of the NBCPC which provides…
…will be settled in accordance with the rules of Conciliation and Arbitration Rules of the International Chamber of Commerce in Singapore.” (the Arbitration Agreement) Rals’ payments to Oltremare under the…
…The place of arbitration was in Germany. The ad-hoc arbitration was not administrated by an institution. Absent any institutional rules that could apply to the proceedings, one has to take…
…investments located in Venezuela. In the face of the arbitration agreement in the BIT and the arbitration exception to immunity under section 9, Venezuela argued no valid arbitration agreement existed…
…Section 8 sought to consolidate the kompetenz-kompetenz principle by stating that the civil court will refer the parties to arbitration ‘unless it finds that prima facie no valid arbitration agreement…
…investors and investments from other EU Member States who didn’t do so. Also, the European Commission argues that intra-EU BITs provide for parallel jurisprudence through arbitration. The outcome of arbitration…
…North of Cameroon. Garoubé filed a request for arbitration with the ICC and the parties agreed to fix the place of arbitration in Paris (France). During the course of the…
