New Rules for Foreign Investment In Chile
On of the most important developments this year in Latin America is the Chilean Act N°20.848, which sets forth a new framework for foreign investment in Chile (hereinafter, the “…
Search Results for: efficient arbitration
New Judicial Guidance on the CIETAC Split – Closure After Three Years of Uncertainty?
…considering commencing arbitration proceedings in connection with an affected arbitration agreement, the key date for consideration is when the relevant sub-commission changed its name. If the arbitration agreement were concluded…
ADR, Arbitration, European Union, Mediation, Singapore, Transatlantic Trade and Investment Partnership
Safeguarding the Future of Arbitration
…way of arbitration. While these comments are specific to the future of international arbitration in the investor-state context, many of the concerns underlying those comments apply equally to international commercial…
Non-Participating Parties and Burden of Proof: French Cour de Cassation Quashes a Paris Court of Appeal Decision Refusing Enforcement. Yukos Capital v. Tomskneft Case
…loan agreements executed with Yukos Oil’s (now liquidated) former subsidiaries (including Tomskneft), which were later acquired by the Russian State oil company Rosneft (“Rosneft”). In 2006-2007, in different arbitration proceedings,…
The CJEU’s decision in CDC v Akzo Nobel et al: A Blessing or a Curse for Arbitrating Cartel Damage Claims?
…when it comes to arbitration clauses. Such an approach would undermine established international practice to accept concurring claims based on tort under broadly phrased arbitration agreements. For example, under German…
Severe Breaches of Duty of Confidentiality and Impartiality in the Dispute between Croatia and Slovenia: Is Arbitration Immune to Such Violations?
…to arbitration. The Permanent Court of Arbitration (“PCA”) was to act as a Registry, and under Article 6(2) of the Arbitration Agreement the PCA Optional Rules for Arbitrating Disputes between…
Arbitration Reform In India: A Look At The Hong Kong Model
The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India into a global…
Arbitration Awards, Emergency Arbitrator, Energy Charter Treaty, Enforcement, Investment Arbitration, Ukraine
Enforcement of the JKX Oil & Gas Emergency Arbitrator Award: A Sign of Pro-arbitration Stance in Ukraine?
…Companies”) to enforce an emergency arbitrator award rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules”) against Ukraine. Apart from being the…
Arbitral Award, DIFC, Domestic Courts, forum non conveniens, Recognition and enforcement of arbitral award, UAE, United Arab Emirates
The DIFC Courts stand firm on their status as a “host” jurisdiction for the recognition and enforcement of domestic non-DIFC awards
…challenge under the Arbitration Law (which match the terms of the New York Convention). But the Courts of the seat of the arbitration were the Courts of Dubai. It is…
Arbitrability of Corporate and Public Procurement Disputes in Ukraine
…commercial arbitration, since earlier reference to arbitration in the law provision was excluded. Ukrainian courts on different levels continuously face this issue. However, in case VAMED Engineering GmbH & CO…
Reforming Investment Treaties: UNCTAD’s 2015 World Investment Report
…arbitration, the Report expresses a view that permanent or standing institutions may be better able to deliver the identified goals of reform. Specifically, it envisages that permanent institutions may be…
DIFC, Dubai, Enforcement, forum non conveniens, New York Convention, UAE, Uncategorized, United Arab Emirates
DIFC Court of First Instance dismisses application for referral to USC of purported constitutional conflict between UAE Civil Procedures Code and Dubai Judicial Authority Law and DIFC Arbitration Law
…of 2008 as amended (the “DIFC Arbitration Law”) in relation to the recognition and enforcement of foreign awards before the DIFC Courts to the Union Supreme Court of the United…
Arbitrators, EU Permanent Court, Investment, Investment agreements, Transatlantic Trade and Investment Partnership, Treaty
TTIP: The French Proposal For A Permanent European Court for Investment Arbitration
…arbitrators authorised to hear investment arbitration disputes and (ii) to operate as an appellate court for investment arbitration awards, as well as a forum for setting aside such awards. The…
Brazilian Arbitration Law: First Impressions on the Recent Amendment Regarding Bylaw Arbitration Clauses
…Superannuation Scheme, Ltd argues that the arbitration clause in Petrobras’ bylaws is not binding: “Neither Petrobras shareholders nor ADS holders have ever expressly consented to an arbitration proceeding”. The company,…
BIT, Investment agreements, Investment Arbitration, Investment protection, Trade, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership
The Emerging Harmonization of the International Investment Law Regime
Given the existence of thousands of international investment agreements, the international investment law regime has been described as “complex and confusing,” “highly fragmented,” and “characterised by overlaps and incoherence”. Two…
Arbitral Award, DIFC, Dubai, Enforcement, Final Award, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, UAE, Uncategorized, United Arab Emirates
ARB 003/2013: The DIFC Court of First Instance’s Sequel in Banyan v. Meydan
…terms: (i) The invalidity of the arbitration agreement (Art. 44(1)(a)(i)) – Meydan had never advanced any arguments as to the invalidity of the arbitration agreement: Meydan’s argument of invalidity in…
The Canadian Model BIT—A Step in the Right Direction for Canadian Investment in Africa?
…the dispute and (iii) the amicus curiae has a significant interest in the arbitration. There is one notable addition – the extent to which the arbitration is a matter of…
Asia-Pacific, Commercial Arbitration, Domestic Courts, Enforcement, International arbitration, Investment Arbitration, Recognition and enforcement of arbitral award, Singapore, Singapore International Commercial Court
Should Court Actions Arising Out of International Arbitration Disputes Be Heard At the Singapore International Commercial Court?
…extent to which the SICC would ‘eat into’ Singapore’s bustling international arbitration market. These concerns are, however, misconceived. The SICC’s value may lie in it exercising curial review of arbitration-related…
Arbitration clause, Dubai, Enforcement, Recognition and enforcement of arbitral award, UAE, Uncategorized
DIFC Court Amends Practice Direction No. 2 of 2015 on Referral of Payment Judgment Disputes to Arbitration: Getting it Right … Finally!
…judgment creditor …, be referred to arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre” (my emphasis). Equally, the suggested wording of the DIFC-LCIA arbitration clause contained in the…
Kishenganga Arbitration and Viability of International Arbitration in Resolving State-to-State Disputes
International arbitration has been widely recognized as an efficient process for resolving State-to-State disputes. Factors such as procedural flexibility and party autonomy, which contribute to general appeal of international arbitration,…
Hong Kong Court Issues First Anti-suit Injunction in Restraint of Foreign Court Proceedings
…court proceedings in breach of an arbitration clause. This is reportedly the first time such an anti-suit injunction has been granted in Hong Kong to restrain foreign proceedings. Legal background…
Economic Sanctions, Exchange Control Regulations and the Like: Black Sheep Among the Provisions of the Lex Contractus?
As mentioned in a prior entry (Brussels’ Sanctions Against Russia and Moscow’s Retaliatory Measures Through the Eyes of the Arbitrator), under certain conditions, arbitrators have the authority to give effect…
Infra and Ultra Petita Challenges, Set aside an arbitral award, Singapore International Arbitration Centre
AKN v ALC: Singapore Court of Appeal Clarifies Approach to Infra and Ultra Petita Challenges to Awards
…in relation to future set-aside applications – particularly in relation to infra petita and ultra petita challenges in complex, multi-party arbitrations. Background: the Arbitration Proceedings and Award The arbitration arose…
Innovative New Criteria for Appointment of Arbitrators at Commercial Arbitration Centre of Lisbon
…G. Henriques, a Portuguese arbitration expert based in Lisbon, criticized this step, arguing that the IBA Guidelines were inapposite when imposed on the small, intimate arbitration community in Portugal, where…