…judicial review of state conduct’. In light of such potential implications, it is important to consider whether the ‘unknown claimant’ really is a problematic feature of investment treaty arbitration and…
In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating legal framework on the enforcement of settlement agreements, including a convention, model provisions or…
…Arbitration (the “IBA Guidelines”) and the 2014 Arbitration Rules of the London Court of International Arbitration (the “LCIA Rules”) and their Annex, namely that they place on arbitrators responsibilities for…
…apply to the petroleum sector. Lastly, the Investment Law regulates national and foreign investments in Iraq exceeding USD 250,000. The Investment Law indirectly permits arbitration to be used as a…
Following a recent announcement of the London Court of International Arbitration (LCIA) (see https://www.lcia.org//News/difc-lcia–arbitration-centre-relaunched-today.aspx), its Dubai-based sister organisation, the Dubai International Financial Centre (DIFC)-LCIA Arbitration Centre, re-launched its operations from…
The issue of transparency is hardly a new topic in legal scholarship addressing international arbitration. Last year, in an important contribution to this blog, Loukas A. Mistelis broke with the…
…legal arguments available to avoid potential liability and the subsequent payment of compensation. Investor’s corrupt acts have emerged as a potentially viable state defense in international arbitration. Many cases brought…
…hoc or institutionalized mandatory arbitration (Article 2 of Law 62/2011). It is important to highlight that Law no. 62/2011 has just two articles specifically addressing the new mandatory arbitration regime….
…the scope of this legal instrument. If they fail to do so, inconsistent or broad application may cause the severe infringement of the legal expectations of the parties to arbitration…
…could undermine existing environmental protection legislation or prevent the adoption of new measures, ISDS could actually be used as an effective tool to enforce environmental protection provisions in case a…
…New York Convention on the recognition and enforcement of foreign arbitral awards, done at New York on 10 June 1958) and as such must be complied with by EU Member…
…act-of-state doctrine, and other jurisdictional issues). States, conversely, have other legal / non-legal means of exerting pressure upon foreign investors – in Judge Schwebel’s words, the State has muscle to…
…element but seated in India (“International Arbitration”), and arbitrations seated outside of India (“Foreign Arbitration”). The provisions of the Arbitration and Conciliation Act 1996 (“Act”) (other than Part II of…
…a German court would apply when scrutinizing the arbitration agreement. German courts would, absent an express agreement by the parties on the law applicable to the arbitration agreement, apply German…
…Arbitration Act. Both of these initiatives take aim at issues that could have been addressed through enforceable ethical standards or rules governing the conduct of arbitrators. It is up to…
…to the Arbitration Law, which relates to the efficiency and effectiveness of the arbitration procedure is that a claim challenging an arbitration award will be decided by only one judicial…
…and impartiality of the local legal system; (2) the national arbitration law; and (3) its track record for enforcing arbitration agreements and awards. The quality of a seat’s formal legal…
Fellow Kluwer arbitration blogger, Duarte Henriques, recently started a Facebook page dedicated to discussing topical issues in international arbitration. The page regularly features “memes” all aspects of the practice. Below…
…support development of corporate arbitration in Russia. The further important step on the development of M&A arbitration could be an approval of a modern and balanced arbitration law. On 1…
…their rules. One notable exception is Art. 37, Para. 4 of the Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (Court of Arbitration at…
…arbitration system, which will require the recognition of arbitration as an important segment of BiH’s legal system, and result in a joint action from governmental bodies, business, and legal community….
…arbitration cases. For almost eleven months arbitration tribunals were handling cases with caution, since in case any of the parties wanted to delay, especially in Banks Union arbitration cases, it…
…Arbitration Rules allow the Arbitrator to decide ex aequo et bono unless he or she finds it more appropriate to apply the law most closely connected to the dispute. The…
The New Amparo Law in Mexico introduced a revised concept of “responsible authority”, under which arbitrators might be considered as authorities for amparo claim purposes. Such new concept poses some…
