…(or national court) would normally also evaluate whether a party should have resumed its contractual obligations once the force majeure event has ended. In a Zurich-seated ad hoc arbitration culminating…
…an arbitration agreement As noted, arbitration has always been carved out of the Brussels regime on mutual recognition and enforcement of judgments. However, the scope of the so-called “arbitration exception”…
…the efforts that have been made in Chile since 2004 – year in which the Act was enacted – to consolidate Chile as an arbitration hub and an arbitration-friendly jurisdiction….
…in mind the purpose of the entire treaty: for the New York Convention that is the contribution to the effectiveness of arbitration. (See Marike Paulsson, The 1958 New York Convention…
As discussed in an earlier post, the Court of Justice of the European Union confirmed that its function is not to review findings of an Arbitrator or his interpretation of…
…International Arbitration, Art. 44(1); Hong Kong Arbitration Ordinance 2011, s. 18(2)(a)(i); Scottish Arbitration Act 2010, Rule 26(1)(d). Compare International Law Association, Confidentiality in International Commercial Arbitration, p. 21, model arbitration…
“When Justice Delayed Would be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration” was the subject of the 28th Annual Workshop of the Institute for Transnational Arbitration (ITA),…
…less volatile … * Horia Ciurtin (h.ciurtin@efila.org) is Managing Editor of the online platform for the European Federation for Investment Law and Arbitration (Brussels), the EFILA Blog; Expert for New…
…interest both by IP and competition practitioners, on one side, and by arbitration practitioners, on the other. IP and competition law practitioners’ interest lies in the Paris Court of Appeal’s…
…orders and arbitration awards in a manner that does not contradict the laws regulating the same.” (see Mou, Cl. 4(4)) This, one should think, will ultimately incentivize the Abu Dhabi…
…arbitration at various regional arbitration centres, and this is where Singapore is looking to position itself with changes to its TPF rules and initiatives like the Investment Arbitration Rules proposed…
…since 1994, parties have traditionally been wary of resorting to arbitration in Saudi Arabia or with Saudi Arabian counterparties. The 1983 Saudi Arbitration Law did not detail certain matters that…
…commentary and client briefings on this historic moment in the SIAC arbitration. Descriptive or analytical, the commentaries are unanimous in positing that changes in Singapore’s institutional arbitration landscape were indeed…
…Editors at Kluwer Arbitration Blog welcome the submission of guest posts on the topic of Brexit and international arbitration. Topics might include London as a preferred venue for arbitration, the…
…unrelated to its status in the EU. The English Arbitration Act is a clear and effective arbitration law, the English judiciary is pro-arbitration; there is well-established arbitration case law, and…
…the law of the place of arbitration governs the arbitration agreement – provided that the parties have agreed on that place of arbitration in their arbitration clause (Christer Danielsson, International…
…users of arbitration and arbitration lawyers alike. Enforcement courts in other countries will hopefully follow the Austrian approach by giving preference to reasonable doses of pragmatism instead of stifling formalism….
…European judicial market: EU Member States might equally provide for modern and highly-qualified legal services ready to attract commercial litigants and high-value litigation & arbitration. Examples in this respect are…
Two recent decisions (nos. 14/2015 and 176/2015) delivered by the Greek Supreme Court analyze the issue of annulling arbitral decisions on public policy grounds. Since arbitration is particularly valuable for…
…Singapore and Hong Kong are now premier arbitration cities and neither are part of a broader economic framework like the EU. An arbitration colleague in Germany even sees a potential…
…the French Supreme Court accepted the theory of implicit waiver of immunity from enforcement by virtue of adherence to an ICC arbitration clause. By contrast, the Honk Kong Final Court…
…simply result in no arbitration. On the other hand, arbitration is avoidable. Therefore the answer is somewhere in between. As we are not in an ideal world, in practice the…
The epitome – and uncontroversial part – of the legitimate expectations doctrine is that a sovereign’s failure to live up to its promises made towards an investor who relied on…
On June 6, 2016, the ICSID Secretary General registered a request for arbitration in Global Telecom Holding (GTH) v. Canada. Although the text of the arbitral claim is not yet…
