…Arbitration Rules, does not meet the notion of a Russian arbitration tribunal. Having established this, the court declared the arbitration agreement null and void and, therefore, rejected the enforcement of…
…opportunity for foreign and local investors to benefit from the use of arbitration as an alternative in dispute resolution. The enactment of the new Saudi Arbitration Law in 2012 was…
In its judgment of 19 November 2012 in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia), the International Court of Justice (“Court” or “ICJ”) delimited, inter alia,…
…treaties, and allowing investors to enforce those protections through investor-state arbitration. As do most other investment treaties, the TPP (in Article 9.6) requires the host state to provide “fair and…
…in Poland. The survey covered prominent issues that the arbitration community is currently discussing, and provides an insight into the opinions of Polish arbitration users. The survey was answered both…
…the conduct of the defendants, rather than invalidating the judgment. Comment The Second Circuit’s confirmation of Judge Kaplan’s findings will certainly aid Chevron to consolidate its ongoing arbitration claim…
…Law and International Arbitration, The University of Sydney Faculty of Law José Feris, Deputy Secretary-General, ICC International Court of Arbitration, Paris Henry Gao, Associate Professor, Singapore Management University Meg Kinnear,…
…defend the virtues and benefits of international arbitration more vigorously. He drew a comparison with the Seven Kingdoms in the “Game of Thrones” series, saying that international arbitration has enjoyed…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes….
…the Report on the Arbitration Bill by the Departmental Advisory Committee on Arbitration Law (the DAC Report) “before any application is issued under s.24”. In material part, those paragraphs provide…
…Drake relied in the arbitration. The arbitrator’s involvement had included meeting persons who might give evidence in the arbitration. In ASM Shipping v TTMI [2006] 1 Lloyd’s Rep 375, the…
…exempting disputes over sea boundaries and land territory from compulsory arbitration. On this basis, China did not participate in the arbitration. The tribunal emphasised that China’s non-participation did not deprive…
…party in arbitration (“Funded party”) and has a direct economic interest in the award to be rendered in the arbitration.” Guideline 1.3 clarifies that “Funding under these Guidelines does not…
…rendered within the scope of the arbitration agreement, as the appointment of emergency arbitrator was provided for by the applicable arbitration rules. The court further stated that the award did…
…brings life back to an award: ghost resurrection for the sake of effectiveness of international arbitration? The arbitration arose out of a dispute between the Mexican state-owned oil and natural…
…the Notice of Arbitration. The waiver accompanying its Amended Notice of Arbitration stated that “To the extent that the Tribunal may decline to hear any claims asserted herein on jurisdictional…
When allocating costs, investment arbitration tribunals apply two principles: a “pay your own way” principle which provides that each party pays its own legal costs and they effectively share the…
…the visibility of less experienced arbitrators. On April 28 this year, we posted a short survey on Kluwer Arbitration Blog asking the arbitration community for feedback on this idea. The…
…Mumbai Centre for Institutional Arbitration (“MCIA”). This move, a furtherance of the Governments recent initiative to boost investment is a natural advancement after the recent pro-arbitration Amendment in 2016. This…
…exhausted. Arbitration, a frequently chosen alternative to litigation has turned out to be an expensive cousin. Its efficacy as an ADR has been threatened in India owing to the excessive…
…This reinforces the overall efficiency of arbitration and helps arbitration institutions in their effort to make arbitration quicker and prevent dilatory tactics. The saga is not over; Avax’s lawyer (Emmanuel…
…since Gramercy filed its notice of arbitration under UNCITRAL arbitration rules, it sidestepped the controversial question of whether the ICSID Convention imposes a test independent of the applicable investment agreement…
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
…to both “an arbitral clause in a contract” and “an arbitration agreement,” or just to “an arbitration agreement.” The court of appeals held that it applied to both clauses. Explaining…
