…(Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] SGCA 43). Do international arbitration tribunals have to apply the Zurich criteria when interpreting Singapore-law governed contracts? Readers would be aware…
In general terms, a couple of the known advantages of arbitration are: (i) normally it is faster than adjudication before national courts and, (ii) the arbitral award is final. Now,…
…Inside International Arbitration (Oxford University Press 2015) 51) Some fear that this development will lead the users of arbitration to ultimately turn away from arbitration towards other methods to resolve…
…respect of the Notes. The SA contained a broadly drafted arbitration clause providing for HKIAC arbitration in Hong Kong regarding any dispute “arising out of or relating to” the SA….
…in BiH on the necessity of such and similar initiatives which can raise the awareness of the current developments in arbitration law and promote pro-arbitration approach. On March 18, 2016,…
…court upheld validity of the patents but found them not infringed. Validity was upheld by the CAFC in 2012. 1.3 The Arbitration and Award The Arbitration also proceeded and in…
…attorneys in arbitration. If such concerns are commonly present for contracting parties, then the arbitral institutions seeking to attract arbitration business could find themselves engaged in a “race to the…
…their original pre-commitment of having a cost-effective arbitration. In the struggle between long-term preferences (e.g., preserving the benefits of an efficient arbitration and, more in general, arbitration’s attractiveness over court…
…Volume XIV – Issue 3, April 2016. Available here. In a domestic arbitration conducted before the Arbitration Centre of the Portuguese Chamber of Commerce and Industry, the defendant asked to…
…no valid arbitration agreement and therefore, the PCA tribunal did not have jurisdiction in the arbitration brought against Russia under the Energy Charter Treaty (ECT). The annulment decision will inevitably…
…its own compensation. Conclusion The international arbitration community has just finished the ICCA Congress in Mauritius, where the future of arbitration in Africa was discussed, including the need to build…
The Hungarian arbitration Act (Act LXXI of 1994 on arbitration, “the Act”) has barely “turned 22” and the pressure to replace it with new legislation has popped up. Considering the…
…must obtain licenses to operate. On the other hand, the Indian Parliament had previously enacted the Arbitration and Conciliation Act of 1996 (“Arbitration Act”). Section 11 of the Arbitration Act…
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
…to date (see G. Blanke, “United Arab Emirates” in G. Blanke (ed), Arbitration in the MENA, Juris, 2016). • Even if there were any merit in insisting on NYC membership…
…a procedure that would allow investors to enlist the assistance of their home government and state-to-state arbitration in seeking payment of an arbitral award against a recalcitrant state. By creating…
…of an arbitral award issued by the Dubai International Arbitration Centre (DIAC). Appeal Court’s rationale An arbitrator is under an obligation to give the parties a reasonable opportunity to present…
In a decision dated 16 March 2016 (4A_628/2015), the Swiss Supreme Court decided the long-open question of the consequence of a failure to comply with a mandatory pre-tier to arbitration,…
…with John Locke’s Arbitration Act 1696, it was never the law that created arbitration, it was the private agreement of individuals. It is the writer’s contention that Arbitral legislation codifies…
…The increased involvement of TPF in international arbitration is unsurprising. Arbitration is the preferred method for international dispute resolution, but the average cost of a single arbitration proceeding has sharply…
…able to pursue their rights in the arbitration. The claimants argued that this violated their rights to non-aggravation of the dispute, the right to procedural integrity of the arbitration and…
…and the respondent is faced with a serious risk of a hit-and-run arbitration. Melis ÖZDEL, Enforcement of Arbitration Clauses in Bills of Lading: Where Are We Now? Abstract: Arbitration is…
…Arbitrators to Party Expectations”, published in the Austrian Yearbook on International Arbitration earlier this year. In our article we proposed that arbitrators complete a questionnaire to help parties select candidates…
…Federation in arbitration proceedings administered by the Permanent Court of Arbitration in The Hague. The Court, which was competent to hear Russia’s claim in the setting aside proceedings on the…
