Indian Arbitration Cart: Moving Forward or Backward?
…while terminating the JVA started arbitration under LCIA, London. It applied to the High Court under Section 9 of the Arbitration Act, for interim relief in support of the arbitration,…
Search Results for: efficient arbitration
Belarusian Courts on Granting Post-Award Interest
…recognition and enforcement of the arbitration award, the economic court has changed the provisions of the foreign arbitration award about paying this sum of money ‘before its payment in entirety’”….
Australia’s Conflicting Approach to ISDS: Where to From Here?
…submitted to arbitration in accordance with the ISDS provisions. This is consistent with Australia’s 2011 policy against ISDS. According to the draft, no other country has registered an objection to…
Swiss Supreme Court Extends Arbitration Agreement to a Third Party: Potential Risk for Corporate Groups
…partially upheld an application to set aside an award issued by an ICC International Court of Arbitration tribunal on the grounds that it incorrectly declined jurisdiction over one of the…
Res Judicata Effect of Judicial Decisions on Jurisdictional Objections due to an Arbitration Agreement?
…objection and refers the parties to arbitration but, once the arbitration proceedings are over, the claimant party appeals to have the award annulled on the grounds that the very same…
Does the Issuance of an Award Before the Conclusion of an Arbitrator Challenge for Delay Frustrate the Challenge? – Guidance from Singapore and Hong Kong
…without undue delay in arbitration proceedings. If the arbitrator does not withdraw voluntarily, or if parties fail to agree on the termination, an aggrieved party may apply to the national…
Key to Efficiency in International Arbitration
…arbitration from the inside, as arbitration counsel and arbitrators. When we look at efficiency of arbitration, we look at arbitration from the outside, from the user’s perspective. The key is…
Croatia, Enforcement of an arbitration clause, Mediation, Multi-tiered clauses, Pre-arbitral procedure
Enforceability of Mediation in Multi-tiered Clauses: the Croatian Perspective
…party. For example, if the parties contracted that the pre-arbitration mechanism “shall” be used by the aggrieved party or that arbitration may start “only if” the pre-arbitration mechanism is employed…
Bankruptcy and arbitration, Enforcement, Poland, Set aside an arbitral award, Set aside an international arbitral award
Does the Polish Arbitration Law Finally Move toward International Standards?
…an arbitration clause null and void and arbitration proceedings can be continued Currently, once a bankruptcy is declared by the court, arbitration clauses concluded by the debtor are null and…
Crude Oil Prices – What Lies Ahead for Arbitration Lawyers?
…analyse the possible effects of oil price changes on gas price arbitration in more detail in a forthcoming post. It is clearer than ever that owing to the size and…
Real Time Dispute Resolution in Rio de Janeiro…Since you Cannot Delay the Olympic Games
…adjudication providing an interim-binding decision on a dispute when required, which dispute can still be referred on to international commercial arbitration if either party decides to do so. The Dispute…
Arbitration, Consent, Domestic Courts, obligation to arbitrate, Procedure, Stay of Proceedings, United States, Waiver
Waiving the Right to Arbitrate in the United States: Should the Prejudice Requirement be Discarded?
…Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year (Art Shy v Navistar International Corporation,…
French Court of Cassation Confirms Invalidity of Unilateral (Asymmetrical) Jurisdiction Clauses
…for Invalidity, Severability or Enforceability (2014) 31 Journal of International Arbitration Issue 1, pp. 19–45) are widely used in a number of business sectors, primarily in credit and financing agreements….
Roundtable Report : “Les femmes dans l’arbitrage, Est-ce si différent?”
…previous posts, contributors have addressed the lack of gender diversity in arbitration. One post discussed the low percentage of women arbitrators in commercial and investment arbitration as well as the…
Investing in Cryptocurrencies under the Existing Investment Arbitration Regime
…factor for the investor. Under the existing investment arbitration regime, laws of a state may be attractive for the investors to make their investments or otherwise, in the words of…
The 2016 Global Pound Conference Series!
…negotiation, mediation, conciliation, arbitration, litigation and hybrid processes. Who will participate? All participants, including those attending physical meetings or participating in them online, will be able to express their views…
Are Anti-Suit Injunctions Back on the Menu? Part 2: The CJEU’s Decision in Gazprom
…deployed Recital 12 of EU Regulation 1215/2012 (the “Recast”) and argued that it overturned the West Tankers prohibition on intra-EU court anti-suit injunctions in support of arbitration. (Although Gazprom fell…
UAE Court Annuls Award and Stresses Strict Compliance with Law
The UAE law on arbitration is contained in a dozen provisions in the UAE Civil Procedures Law. Whilst the law is not long, the provisions can often be overlooked by…
The Extension of the Arbitration Clause: Update from Portugal
…validity and efficacy of the arbitration agreement. For instance, it was decided that “the law of arbitration, based on the consensual nature of the arbitration clause, does not allow to…
The Jnah vs. Marriott Case: The Never-Ending Story? Latest Episode with the 18 March 2015 Decision Of The French Cour de Cassation
…did not end there. Mr F. initiated a third arbitration against Marriott on the basis of the same ICC arbitration clause, seeking damages for Marriott’s termination of the hotel management…
In Commercial Arbitration, Should Arbitrators Be Exclusively at the Service of the Parties?
On the ground that arbitration is a consensual and neutral means of dispute resolution, it has been suggested that arbitrators ought to be wholly and exclusively at the service of…
England and Wales: Arbitrability of Claims which Involve Alleged Criminal Conduct
…The French State [2015] EWCA Civ 333 (“the Judgment”) will make interesting reading for those concerned with the subject of arbitration. The judgment rendered covers different topics within that legal…
Restrictive Tendencies in Hungarian Arbitration Law – Arbitration Agreements Are Not Enforceable Against Companies under Involuntary Liquidation
After the fall of communism, Hungary embraced modern arbitration law. Act LXXI of 1994 (“the Arbitration Law”) created a comprehensive legal regime for both domestic and international arbitration, based on…
New Belarusian Resolution on the Recognition and Enforcement of Foreign Arbitral Awards: Is There No Rose Without a Thorn?
…a duly certified copy thereof; and the original agreement referred to in Article II (i.e. arbitration agreement) or a duly certified copy thereof. In addition, the provisions of paragraphs 5…