…arbitration agreement or an arbitration clause is necessary to arbitrate family law issues. Regarding domestic arbitration, Article 2061 of the French Civil Code provides that the arbitration clause is unenforceable…
…Instead, mirroring the sentiment of 63% of arbitration practitioners in a recent survey by our firm, BCLP, on the use of AI in international arbitration, the new rules seek to…
…International Arbitration Tom Claassens opened the first panel discussion around ethics in arbitration with a thought-provoking quote by Aldo Leopold: “Ethical behavior is doing the right thing when no one…
…each respective national court. Arbitration as a Solution Arbitration could help navigate the aforementioned challenges. To illustrate arbitration’s efficacy in resolving data privacy disputes, let us consider a hypothetical…
…the Civil and Commercial Arbitration Court (CIMA) and the Spanish Court of Arbitration (CEA). The CIAM has, among others, a Best Practices Commission, hosting highly recognized and seasoned practitioners. This…
…arbitration is “absolutely established in Brazil”. After presenting statistics on the use of arbitration in Brazil, she discussed the advantages of arbitration compared to state jurisdiction, with a particular focus…
…issues. Conclusion Overall, the Report demonstrates that the treatment of evidence in international arbitration is an advantage over litigation and a key opportunity for arbitration to be more efficient….
…and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas. The Report outlines the current state of arbitration in the…
In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how…
…for that process in the procedural calendar in order to minimize disruptions to the arbitration schedule. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
…of his colleagues, the Chaffetz Lindsey firm, its clients, or the New York Arbitration Week Organizing Committee. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
…works like this: the state scripts arbitration directly into a concession contract, should it choose to do so. Otherwise, there is no arbitration. Arbitration is treated as a highly strategic…
As part of the 2023 New York Arbitration Week, on November 13, 2023, Chaffetz Lindsey LLP and the New York Arbitration Week Organizing Committee hosted Tales from the Hearing Room:…
…in New York and Eric Ives is an Organizing Committee Secretary of New York Arbitration Week 2023. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
…been introduced to key articles of the Federal Arbitration Law No. (6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration…
…an international treaty and agreeing to arbitration, Ecuador is exercising its sovereign powers. Furthermore, the Constitution itself recognizes arbitration (which includes international arbitration) as an alternative dispute resolution method. Hence,…
…Arbitration Agreement In terms of the validity of the arbitration agreement, the notable difference between commercial arbitration and investment treaty arbitration is that, for the latter, the parties’ agreement to…
…epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“PCA”), with an Award on Competence having been rendered on July 6, 2023. This post examines…
…an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the Bilateral Investment Treaty between Spain…
…arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The distinction is not strict, as parties may choose to treat a domestic arbitration as an international arbitration and…
…the Libyan legal community is that the New Arbitration Law applies to all arbitration agreements entered into, and arbitration proceedings initiated, after the enactment of the New Arbitration Law (Articles…
…known investment treaty arbitration disputes regarding the top twenty countries which have faced most of such disputes. Subsequently, the research collected available information regarding the outcome of those disputes, focusing…
…of two main new types of arbitration, i.e., digital/online arbitrations on the one hand and free zone arbitration on the other, as well as the arbitration of new types of…
When the USMCA entered into force on 1 July 2020, the general view was that the agreement would limit the ability of investors to file investment arbitration claims because the…
