You searched for efficient arbitration - Page 148 of 194

Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Best practices, Commercial Arbitration, Document Production, Due process, International arbitration, International Legal Theory and Teaching, Procedure, Uncategorized

Celebrating a Vision: Queen Mary School of International Arbitration Turns 30 and Looks Ahead to the Next 30 Years

Joanne Greenaway/May 1, 2015 /Leave a comment

As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking…

Arbitration, Asia-Pacific, Russia, Sanctions

When the East Meets the Far East: the Impact of Russian Sanctions on Commercial Arbitration in Asia

Justin D'Agostino (Herbert Smith Freehills)/April 30, 2015 /Leave a comment

Herbert Smith Freehills

…towards the East, where the combination of well-established arbitration institutions within arbitration-friendly (and sanctions-free) jurisdictions is perceived as an attractive alternative to arbitration in the US or Europe. Both the…

Asia-Pacific, BIT, India, Investment agreements, Investment Arbitration, ISDS

From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT

Bhushan Satish (Willkie Farr & Gallagher) and Shreyas Jayasimha (Aarna Law)/April 29, 2015August 19, 2017 /Leave a comment

…the clear consent to arbitration under the ISDS clause. Changes Introduced in the Draft BIT The preamble of the Draft BIT contains an explicit right of the States to regulate…

Arbitration, Surveys

2015 ITA Arbitral Award Enforcement Survey

David Winn (The Center for American and International Law)/April 28, 2015 /Leave a comment

Institute for Transnational Arbitration (ITA)

In connection with the upcoming 2015 ITA Workshop in Dallas on June 17-19, we are now conducting a survey on the experiences of arbitration practitioners with enforceability of arbitral awards….

MENA, Middle East, Multilateral Investment Treaties, North America

Multilateral Investment Treaties in the MENA Region: The Next Big Thing?

Mike McClure (Herbert Smith Freehills LLP)/April 27, 2015 /Leave a comment

Herbert Smith Freehills

…only provided for a state-to-state arbitration mechanism. However, the Tribunal rejected this interpretation and concluded that it also permitted investor-state arbitration. Given that the “Organ” had not yet been established,…

Awards, ICSID Arbitration, ICSID Convention, Judgment, Sovereign Immunity

Upholding Delocalized Enforcement of ICSID Awards

Karen Halverson Cross (The John Marshall Law School)/April 24, 2015 /Leave a comment

Institute for Transnational Arbitration (ITA)

…they formed with Venezuela’s state oil company, PDVSA. One of the Mobil subsidiaries, Mobil Cerro Negro, also commenced ICC arbitration against PDVSA, invoking an arbitration clause in one of the…

Arbitration Proceedings, Arbitrators, Human Rights, Rule of Law

Conference report on Wendy Miles’ keynote speech at the YAF/YAPP conference in Vienna (28 March 2015): “The Role of Young Arbitrators in the Rule of Law”

Ileana M. Smeureanu (Jones Day)/April 23, 2015 /Leave a comment

ArbitralWomen

…Final Appeal, Miles reiterated that international arbitration is an example of the “machinery” needed to implement the rule of law. However, she warned that in order for arbitration to serve…

Amicus Curiae, European Commission, European Law, European Union, Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Injunction, Investment Arbitration, Review on the merits, Romania, Sweden, Uncategorized

About the Ostrich, the Micula Brothers and other European Fables

Gloria Alvarez (University of Aberdeen )/April 22, 2015 /Leave a comment

…problems is null. The apparent conflict between EU Law and Investment Arbitration has opened the door to the active interest of the stakeholders involved in this relationship. In particular, the…

Sport arbitration, Uncategorized

Launch of the first extensive commentary of the CAS Rules by Despina Mavromati & Matthieu Reeb

Eleanor Taylor (Kluwer Law International)/April 21, 2015 /Leave a comment

The Court of Arbitration for Sport (CAS) is pleased to host a launch for a new book by Despina Mavromati & Matthieu Reeb, “The Code of the Court of Arbitration…

HKIAC

Arbitration of Cross-Border M&A Disputes

Joe Liu (Hong Kong International Arbitration Centre )/April 21, 2015 /Leave a comment

HK45

…arbitration by selecting suitable arbitration rules, such as the 2013 HKIAC Administered Arbitration Rules (the HKIAC Rules), as the applicable procedural rules and Hong Kong as the seat of arbitration….

International arbitration

The Hidden Amiable Compositeur

YSIAC/April 20, 2015 /Leave a comment

…arbitration community as a whole. Indeed, the respondents to this particular survey appear to be predominantly active as arbitrators in domestic cases. Nearly half of them indicated that international disputes…

Arbitration, Dispute Resolution Boards

Appointing the Dispute Board – Why It Differs from Arbitration Appointments

Lindy Patterson (Dispute Resolution Board Foundation)/April 20, 2015 /Leave a comment

…in most cases arbitration is as a result of an arbitration agreement between the parties. However in most legal systems the arbitration process will be underpinned by legislation or case…

Uncategorized

30th Anniversary of the School of International Arbitration Live Streamed at Kluwer Arbitration Blog

Gloria Alvarez (University of Aberdeen )/April 19, 2015 /Leave a comment

We are pleased to announce the 30th Anniversary of the School of International Arbitration, Queen Mary University of London. To commemorate its anniversary, the School of International Arbitration will be…

Arbitrability, Arbitral Award, Arbitration clause, Consumer contracts, Interim Orders, Public Policy, Set aside an arbitral award, Slovakia

The New Slovak Arbitration Act Applicable From January 2015: Has It Progressed Sufficiently?

Peter Plachy (Paneuropean University)/April 17, 2015 /Leave a comment

…Slovak court decisions, which held that parties to an arbitration agreement cannot apply for a declaratory relief regarding the validity of the arbitration agreement to an arbitral tribunal (Case No….

Annulment, Arbitral Tribunal, Arbitrator's mandate, Investment Arbitration

From Iura Novit Curia to Zeno’s Paradox of Motion

Daniela Páez-Salgado (Senior Assistant Editor) (Herbert Smith Freehills)/April 16, 2015 /1 Comment

…the relevant issues of the case, ascertain relevant facts, the law applicable to the arbitration agreement, to the arbitration and to the merits of the dispute. Yet, the Rules expressly…

Emergency Arbitrator, Enforcement

Indirect Enforceability of Emergency Arbitrator’s Orders

Paata Simsive (Uppsala University Law School)/April 15, 2015 /2 Comments

…and others, Arbitration Petition No. 1062/2012, Judgment of 22 January 2014) (“HSBC Decision”). The case concerned an arbitration agreement in which the parties had preserved the right to seek interim…

Arbitral Award, Dubai, Enforcement, Germany, ICC Arbitration, New York Convention, Recognition and enforcement of arbitral award, United Arab Emirates

Dubai Court of Cassation further consolidates pro-NYC enforcement practice

Gordon Blanke (Blanke Arbitration LLC)/April 14, 2015 /Leave a comment

…Stuttgart, Germany), challenges of the improper administrative processing of the arbitration by the ICC International Court of Arbitration in Paris. The Court fully endorsed the findings of the Dubai Court…

Arbitrator's Fees, Portugal

State Courts’ Decisions on Reduction of Arbitrators’ Fees: Comparing Apples to Apples or Apples to Oranges?

José Miguel Júdice (PLMJ - Sociedade de Advogados, RL)/April 14, 2015 /2 Comments

…arbitration clauses do not typically provide any guidance on arbitrators’ fees. The problem comes up most commonly in the case of arbitration subject to Law no. 62/2011 of 12 December….

Uncategorized

Egypt: New Investment Law – ADR for Investor-State Disputes

Fatma Salah (Riad & Riad; Cairo University School of Law)/April 14, 2015 /Leave a comment

…provide for alternative dispute resolution mechanisms, usually through international arbitration, and in particular arbitration at ICSID or ad hoc proceedings under the rules of UNCITRAL or other international arbitration centers….

Dubai, New York Convention

Dubai Issues Judgment in Support of International Arbitration

Hassan Arab (Al Tamimi & Company) and Dalal Al Houti/April 13, 2015August 18, 2024 /Leave a comment

…Company) and Respondent (UAE Company) providing for arbitration under the auspices of the ICC. The seat of arbitration was Stuttgart, Germany. The Claimant successfully filed a claim before the Dubai…

International arbitration

Are All Institutional Rules Now Basically The Same?

Jonathan Lim (Wilmer Cutler Pickering Hale and Dorr LLP)/April 10, 2015 /Leave a comment

YSIAC

…on the costs of the arbitration. In addition to the arbitrators’ fees, the costs of an institutional arbitration include the institutions’ administrative fees, filing fees and the costs of any…

Arbitral Award, Enforcement, England, English Law, Set aside an arbitral award, Set aside an international arbitral award

Enforcement of an Award Set Aside: the So-Called “Preferred Approach” and its Application under English Law

Patricia Živković (University of Aberdeen)/April 8, 2015 /2 Comments

…of Awards Set Aside in their Jurisdiction of Origin, Austrian Yearbook on International Arbitration 2014, p. 285-292). It remains to be seen whether a recent decision in this matter of…

Investment Arbitration

Scholars Debate Investment Arbitration Chapter in TPP and TTIP

Roger Alford (General Editor) (Notre Dame Law School)/April 7, 2015 /1 Comment

Negotiations over the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) have highlighted the growing debate over investment arbitration. Last week the New York Times published an…

HKIAC, Hong Kong, Uncategorized

Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong

Ing Loong Yang (Latham & Watkins LLP)/April 3, 2015 /Leave a comment

…to the model arbitration clauses and the creative use of arbitration to resolve public sector disputes, are but several of the developments in arbitration in 2014. While the effects of…