…calling for arbitration under different institutional rules or with different seats, for example, consolidation generally will not be possible. Given the large number of contracts that may be implicated in…
…does not change this analysis. Generally, the purpose of a broad agreement to arbitrate is to refer to arbitration any type of claim connected to a specific legal relationship, irrespective…
…therefore, no arbitration agreement existed between the parties. She further argued that the Singapore International Arbitration Act (the “IAA“) did not apply in situations where there was no arbitration agreement…
…The article addresses the past and present of international commercial arbitration in Latin America. Differentiating between international commercial arbitration and investment arbitration and reviewing the evolution of international arbitration in…
…in the international arbitration community have lost sight of the most powerful weapon in the advocate’s toolbox: simplicity. A previous post on this blog eloquently advocated the power of simplicity,…
…the legal framework as mentioned by Kaufmann-Kohler. The legal framework is meant to determine the law governing the procedure (the mandatory procedural provisions of the seat of arbitration are crucial)…
…arbitral tribunal seated in Switzerland can determine the legal provisions (even under foreign law) applicable to the dispute and can thus rely on other legal provisions than those submitted by…
…on validity of the arbitration agreement by stating that “Any arbitration clause concluded by the bankrupt shall lose its legal effect as at the date bankruptcy is declared and any…
…duty of arbitration, intentionally runs counter to facts and laws and twists the law when making a ruling in arbitration, if the circumstances are serious, he shall be sentenced to…
…expectations, which is most often the topic of intensive debate in the investment treaty arbitration arena, is the analysis of the extent to which representations of the host State are…
…Chamber already existed, but it was structured for domestic disputes. The decision was made not to modify the rules of the existing chamber, but instead to create a new arbitration…
…will. This is a point on which arbitration clearly loses the edge compared to arbitration. However, some major arbitration rules, e.g. ICC Rules, have express provisions on joinder/consolidation so this…
…arbitration (“the country where the arbitration [takes] place”) will govern the procedure of arbitration. Unfortunately, the first legislation dealing with foreign arbitration after China’s accession to the NYC, the CPL…
…the reasoning behind the adoption of specific provisions, as well as information as to how similarly worded provisions have been interpreted by tribunals in previous cases. To the extent that…
We are delighted to announce that Wolters Kluwer’s 2nd arbitration event, Kluwer Arbitration London, is now open for registration. The half-day (morning) event, taking pace at the Hotel Novotel London…
…and leave to enforce a foreign award rendered under the London Maritime Arbitration Association (LMAA) Rules in London. In the defendant’s submission, such an order for recognition and enforcement should…
…New York Convention in China appears to be problematic. In 1986, China acceded to the New York Convention with both the commercial and the reciprocity reservations. Under the commercial reservation,…
Treaty shopping, also called corporate (re-)structuring, is most often associated with legal persons, in particular mailbox companies. Much discussed in this respect is the practice of “round-tripping” where the investor-claimant…
…paraphrase the arbitration rules, or provide information already available on the LCIA’s website, or in the numerous secondary sources now available on LCIA arbitration (including our book: ARBITRATING UNDER THE…
…be decided by the courts while the remainder of the arbitration is either ongoing or stayed. In all other cases, the arbitration is for all practical terms concluded. When an…
…an International Chamber of Commerce (ICC) arbitration award issued in Paris, France, on 6 May 2014 (the “Enforcement Order”), with reasons to follow. In the terms of the application (see…
…investment (including exploration, development and exploitation), trade and transit. Thus the new Charter may prove in due course to be a harbinger of a new international energy legal order loaded…
…increasing prevalence of emergency arbitrator provisions in the institutional rules (including the 2014 LCIA Rules, the 2012 ICC Rules, the 2010 SCC Rules, the 2012 Swiss Rules, the 2013 SIAC…
…arbitration clause for settlement of disputes by a three member Tribunal seated in Germany. In 2010, when disputes arose between the parties, the matter was referred to ad-hoc arbitration in…
