…in the English High Court held that an arbitration agreement was “null and void” or “inoperative” because it purported to apply a foreign law which did not give effect to…
…State-State dispute; (b) it is highly doubtful that there is binding consent to arbitration – certainly not in the Mozambique CFIA; and (c) there are no further provisions on the…
…with by way of a final award. B. 2011 Arbitration and related appeal proceedings In 2011, CRW returned to arbitration, seeking two awards; first, an interim or partial award permitting…
…the number of claimants in a single procedure. In PV Investors v. Spain (UNCITRAL Rules), a group of 16 investors commenced arbitration against Spain. At the very end of 2014,…
…various Ecuadorian plaintiffs filed a class action lawsuit against Texaco before a New York court for public nuisance –among other claims- caused by the environmental damage perpetrated during its operation…
…such as the UNCITRAL Rules or the CPR Non-Administered Arbitration Rules. The incorporation of these rules provides a non-negotiable framework for the proceedings, which is essential when disputes arise. By…
…Arbitration Rules (“Rules”) until the final version of the Rules was approved in July 2014. When NCAC’s Rules were unveiled at Phnom Penh’s International Arbitration Day in 2014, it became…
…the proceedings to be administered by the Arbitration Institute of the Stockholm Chamber of Commerce (“the SCC”) under the Arbitration Rules of the International Court of Arbitration (“the ICC Rules”)….
…majority of arbitral proceedings take place under ICSID rules and the ICSID awards have been published on the ICSID website for several years and the new UNCITRAL Transparency Rules introduce…
…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,…
…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’”….
…provisions in the Australia US Free Trade Agreement in 2003 and the 1982 Free Trade Agreement with New Zealand (on the basis that each country had its own robust legal…
…full scrutiny powers in regard to legal issues in jurisdictional challenges, as well as the Swiss legal system’s consideration of good faith as a legal and not a factual issue….
…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…
…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…
…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…
…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…
…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…
…this uncertainty is necessarily echoed and amplified when it comes to disputes. It is a maxim of modern legal practice that market volatility creates disputes. However, some panellists at GAR…
…ICC DB Rules. In the USA ConsenusDocs also provides standard DB rules. Special DB Rules had to be drafted for the exceptional circumstances for which the Rio 2016 DBs are…
…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,…
…Art. 23 of the Lugano Convention and instead the default jurisdictional rules should apply. The Paris Court of Appeal held that Art. 23 of the Lugano Convention should apply and…
…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…
Over the past few years, the business community has discovered a new form of investment: this new type of capital formation is broadly known as investment in cryptocurrencies. The capital…
