…violation vel non of an arbitration agreement. This being said, Justice Cooke rightfully took care to emphasise that even the DIFC Arbitration Law expressly admitted the possibility of a non-DIFC,…
…the panelists contrasted the advantages of mediation and arbitration: It appears that, indeed, mediation impresses with what was once appreciated as the advantages of arbitration over court litigation (less expensive,…
…and potential users of arbitration. Greater visibility arguably strengthens the legitimacy of the arbitration system and promotes arbitration as a viable dispute resolution method. Publishing awards may also provide greater…
…mechanism has been initiated but also because they, in the wake of the South China Sea arbitration, further demonstrate that States are becoming increasingly creative in seeking to have even…
…arbitration law, arbitration rules as well as in arbitration agreements, at a practical level the question of who should know the law should be addressed as early as possible in…
…As indicated in a previous post, investment arbitration will play a key role in shaping the climate change regime and filling in the enforcement lacuna. However, arbitration is a creature…
…arbitration procedurally in a number of ways. Mediation might precede arbitration. The ECT Guide suggests that mediation could play a role during the “cooling-off” period under treaties, during which time…
…an international arbitration proceeding. In particular, documents obtained through Wikileaks have been relied on in previous arbitration proceedings. This article examines published decisions on this issue. In Methanex v. USA,…
On a rainy Monday 19 September 2016, Freshfields Bruckhaus Deringer LLP hosted an ICC YAF event at its London offices on the importance of women in our arbitration world. The…
In a 2014 speech delivered in Sydney entitled “Commercial Courts and International Arbitration – Competitors or Partners?”, Michael Hwang SC, referring to the New York Convention on the Recognition and…
…an arbitral award vacated at the seat of arbitration. The judicial practice to defer to the judgment in the seat of the arbitration is based on the principle of international…
…enforcement of awards (Section 36) etc. and can be initiated prior to commencement of arbitration, during arbitration or post the termination of arbitration. After the Amending Act came into force,…
…Mexico. The contract called for disputes to be settled through arbitration in Mexico City. In December 2004, COMMISA filed a demand for arbitration. The tribunal found for COMMISA, issuing an…
…biographies on the website of the arbitrators, the majority – both male and female – of them struck me as young (at least by the standards of the arbitration community,…
…to arbitration due to the presence of an arbitration clause in the agreement. The Supreme Court reversed all judgments and sent the case back to the court of the first…
…Damage Abstract: The article explores the debate surrounding intra-EU investment treaty arbitration and the intervention of the European Commission in an investment treaty arbitration against Romania. The European Commission has…
…the language of arbitration and potential other languages need for the case, the place of arbitration, an estimation of the amount in dispute if possible, and any nationality that should…
…issues implicated in international investment arbitration alongside other forms of international arbitration. The Notes are designed to apply to international arbitration generally and (on the whole) do not distinguish between…
…the Award is also of interest to arbitration practitioners because of the approach the Tribunal took to judicial fact-finding. Main findings of the Award As is well-known, the arbitration was…
The Academic Council of the Institute for Transnational Arbitration (ITA) is pleased to announce the launch of a new online resource for international arbitration and dispute resolution instructors: International Dispute…
…story, as the sport organ decision had to withstand a close up look from the Court of Arbitration for Sport (CAS), which, according to Rule 61 of the Olympic Charter,…
…is the question Despite the distress it caused to the French arbitration community, the Tapie case highlighted a gap in French law. Under the law applicable to this arbitration, i.e….
…the arbitration, “except to the extent such limitation of liability is permitted by applicable law.” Article 16 of the UNCITRAL Arbitration Rules provides that the parties “save for intentional wrongdoing,…
In Luxembourg, international arbitration awards are enforced pursuant to the New York Convention of 10 June 1958 (the ‘Convention”), or, where that Convention does not apply, pursuant to the provisions…
