…administration services and provides for different ADR procedures, including mediation, arbitration and expert determination. The WIPO Arbitration Rules are particularly adapted to intellectual property related disputes and are generally regarded…
…the Law Reform Commission? The recommendations of the Consultation Paper are as follows: 1. The Arbitration Ordinance (the law that provides the legal framework for arbitration in Hong Kong) should…
In September 2015, the Young International Arbitration Practitioners of New York (YIAP-NY) was officially launched. Initiated by the International Arbitration Group at Herbert Smith Freehills New York LLP, YIAP-NY’s membership…
…the provisions of the Hong Kong Arbitration Ordinance, the HKIAC Rules’ provisions on confidentiality are some of the most comprehensive in the world, providing significant protection for parties by default….
…dispute to an ad hoc arbitration tribunal. Some Russian BITs favor ad hoc arbitration set up under the UNCITRAL Rules (France, India), or even without designating any applicable rules (Germany,…
…case. While it may find it expensive to defend (Greece spent in excess of €4,650,000 in legal fees, with the arbitration cost adding US$300,000 defending against Poštová) it cannot afford…
Co-authored with Maria Laura Marceddu, Italian Association for Arbitration (AIA) The Public Consultations launched by the European Commission in March 2014, and the European Parliament’s recommendations to the Commission on…
…by the parties should apply, and in the absence of party agreement, the tribunal should determine the applicable substantive law taking into account the legal rules to which the dispute…
…CIETAC amended its Arbitration Rules in 2012. The Arbitration Rules of 2012, which took effect on 1 May 2012 (the 2012 Rules), replaced those of 2005 (the 2005 Rules). Article…
…Expectations as a General Principle of International Law? BOOK REVIEWS Kate DAVIES, Book Review – Arbitrating under the 2014 LCIA Rules: A User’s Guide, by Maxi Scherer, Lisa Richman &…
…or perhaps it was evident to the tribunal that it had jurisdiction over the counterclaims because the arbitration clauses in the participation contracts provide for ICSID arbitration over “any technical…
…Treaty (“Model BIT”) for comments. The finalized draft shall be used to negotiate any new BIT entered into by the Government, including the much anticipated US-India BIT. In addition, it…
…UNCITRAL Rules of Arbitration are also illustrative on the second jurisdictional prong. In Saluka v. Czech Republic (UNCITRAL, Decision on Jurisdiction over the Czech Republic’s Counterclaim, 7 May 2004), the…
Respondents want arbitration institutions to be less opaque The 2015 International Arbitration Survey is out. Subtitled “Improvements and Innovations in International Arbitration,” the most recent effort by Queen Mary /…
Registration is now CLOSED for Kluwer Arbitration London 2015, but with less than a week to go, I would like to offer all Blog readers an opportunity to submit a…
…by their own nationals in an international arbitral forum (the Spain-Venezuela BIT provided for UNCITRAL arbitration if arbitration under the ICSID Convention and under the Additional Facility Rules were unavailable,…
…contract and the arbitration agreement; (c) the arbitration rules; (d) proof of the arbitral tribunal’s jurisdiction; (e) proof that the award is final – plaintiff would be well advised to…
…Kong International Arbitration Center (HKIAC) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA) have significantly increased. Accordingly, it is fairly safe to expect that investment treaty arbitration will continue…
…As noted in the recent joint article issued by the ICC, LCIA and SCC on the potential impact of the EU sanctions against Russia on international arbitration administered by EU-based…
In international arbitration, the effect of international sanctions regulations usually arises at two key stages. First, at the commencement of arbitration, where arbitral institutions, arbitrators and counsel involved in the…
…Arbitration Court of Russia (a state court), in Russian Telephone Company v. Sony Ericsson, declared a unilateral arbitration clause invalid. The decision attracted attention of arbitration participants both in Russia…
…banking sector in Poland resulting from the new law could exceed 5 billion euro. The potential effects of the new Polish law, thus, greatly resemble the well known Argentine cases…
…already been appointed; c. the applicable procedural rules and the quantum of the dispute; d. the seat and/or venue of the arbitration; e. any specific nationality, language and/or other requirements…
…to decide which Indian court would have territorial jurisdiction in a domestic arbitration. The court, distinguishing the venue of arbitration from the seat, held that an arbitration being conducted at…
