…Clause and supplemental rules for corporate law disputes in Autumn 2022. This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental…
On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “Arbitration for the Next Generation”, this year’s edition highlighted the challenges…
…Model Law as adopted by the Arbitration Act 2010 to stay proceedings and refer the dispute to arbitration pursuant to an arbitration clause in the insurance policy. Both court applications…
The Institute of Transnational Arbitration (“ITA”), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on…
…to this conclusion, the Court made three observations: The substance of the dispute had been decided in the 2014 Award; The costs of the arbitration and their allocation had been…
…law basis and general (legal) nature of post-establishment protection. Chronicle of the Foretold Withdrawal of the EU and some (but not all) Member States from the ECT In a…
…in the ever-evolving field of dispute resolution in M&A transactions. The speakers delved into a variety of crucial issues within the field including hot topics in M&A arbitration, new developments…
…The Court also found that two different arbitral tribunals – one an international commercial arbitration tribunal, and the other an investment arbitration tribunal operating under the UNCITRAL Rules – did…
…the context of international commercial arbitration. More importantly, the Indian legal regime is navigating uncertain terrains pertaining to the permissibility of foreign arbitration practitioners in India, that makes the viability…
…difference of whatever nature arising under, out of or in connection with this Agreement” shall be referred to arbitration (the “Arbitration Agreement”). The Appellant failed to repay the loan. The…
…semiconductors, quantum technologies, and AI. As social network platforms and other tech companies grow, so will the risks of new restrictions. As countries quickly alter regulatory frameworks, new measures may…
…agreement, which is then outside the reach of the pro-arbitration policy. Additionally, setting such a threshold on a disputed debt is not “anti-arbitration” as it neither impedes arbitration by securing…
…the OAB/SP Mediation, Conciliation and Arbitration Chamber and that he had more than 25 years of experience in arbitration, including in rendering awards in the area. The decision pointed out…
…expanded tremendously. Despite several new resources, however, such information remains partial, fragmented, and not equally available. The most elusive information is paradoxically the most potentially valuable information: details about arbitrators’…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
…an international arbitration under the ICSID Arbitration Rules, so Panamanian law did not apply. After a review of all the facts and evidence, the Tribunal concluded that LARAH held a…
While Pakistan is heading towards promulgating a new arbitration law, developments continue to take place under the extant Arbitration Act, 1940 (“the Act”). Section 34 is one of the most…
…Vavilov has nothing to do with commercial arbitration, and even less to do with international commercial arbitration. In fact, Vavilov makes no mention of arbitration or of the Supreme Court’s…
…clarified that tribunals must apply the MST and no other standard. In a recent 2023 survey (“‘Fair’ and ‘Equitable’ Treatment Provisions in Investment Treaties; A Large-Sample Survey of Treaty Provisions”)…
…the award as it had not affected the outcome of the arbitration. The case concerned a contract dispute between two travel companies. The claimant had argued two alternative legal grounds…
…Commercial Arbitration (the “Dominican Arbitration Law”), which incorporate the principle of kompetenz-kompetenz to the Dominican legal system. The Supreme Court also determined that the responding party must invoke the arbitration…
…QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). This is an important judgment because it is the first Court judgment commenting on the setting aside of an award in arbitrations seated…
…increasingly involved in high-value contractual disputes with other public sector companies. These contracts often have LCIA arbitration clauses, and over 84% of LCIA-administered arbitrations are seated in England. High Court’s…
