The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC“) was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution…
…provisions entail direct and immediate consequences. Jurisdiction and arbitration clauses in contracts will apply to future controversies, and as such, their validity will be scrutinized at the moment when a…
…examined whether the decision of the Court of Appeals, when confirming the award of an arbitral tribunal, failed to apply the provisions of Article 897 para. 6 of the Greek…
…Singapore and Hong Kong are now premier arbitration cities and neither are part of a broader economic framework like the EU. An arbitration colleague in Germany even sees a potential…
…assets; they would no longer have to rely on third states’ national rules, however unusual or investor-friendly such rules may be. Finally, as noted above, the forum-shopping created by the…
…and effective. Likewise, some voiced criticism over certain institutional dispute board rules which are very detailed and which resemble arbitration rules. I myself would emphasize that the tendency is that…
…Nauru Nepal Netherlands Netherlands Antilles New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island North Korea Northern Mariana Islands Norway Oman Pakistan Palau Palestine Panama Papua New Guinea Paraguay…
…relied in making its investment, and which later was frustrated by the conduct of the Administration. To be able to give rise to such legitimate expectations, such promise or representation…
On June 6, 2016, the ICSID Secretary General registered a request for arbitration in Global Telecom Holding (GTH) v. Canada. Although the text of the arbitral claim is not yet…
…and if it has not been specified, the tribunal will apply the law of the respondent, including the rules on conflict of laws and such rules of international law as…
…New York Convention. Therefore, its provisions applied to the present dispute. The New York Convention provides that, as a general principle, and subject to any permissible reservations that it has…
Professor Pieter Sanders in 1999 famously asked “Quo Vadis Arbitration”? (Where do you go Arbitration?). In the Indian context this question is particularly relevant in light of the ever-fluctuating framework…
…in arbitration. BOOK REVIEWS Sigvard JARVIN, Book Review –ICC Arbitration in Practice, by Herman Verbist, Erik Schäfer, and Christoph Imhoos, 2nd edn. Jonathan LIM, Book Review – Arbitration in China:…
…to arbitrators. Multiparty and multi-contract disputes. The draft new rules include provisions designed for more efficient resolution of complex disputes. Article 13 of the draft Arbitration Rules provides for joinder…
…the athletes’ own interest to have such a system in place and sign an arbitration agreement. According to the BGH, the arbitration system of CAS offers advantages to both the…
…be able to initiate investment arbitration proceedings. Background of the case Philip Morris International (PMI), a company incorporated in New York, produces cigarettes and owns several subsidiaries and affiliates globally…
…rule of good faith, a party’s conduct can cure formal shortcomings in the arbitration agreement under Art. II(2) NYC. In the Court’s words: “In the context of international arbitration, the…
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
…the dispute to be resolved by arbitration administered by SIAC in Singapore, with the governing law of the contract being PRC law. Golden Landmark commenced arbitration proceedings against Siemens and…
…the heart of Abu Dhabi (see my previous reporting here), entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters with immediate effect from that date (for…
…in annulment proceedings In Ecuador, pursuant to Article 30 of Arbitration and Mediation Act 1997 (“AMA”) parties to an arbitration only have a statutory right to challenge arbitral awards by…
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
…of arbitration: seating a DIAC arbitration in the DIFC will import the application of the DIFC Arbitration Law (see DIFC Law No. 1 of 2008), which is modeled on the…
A few months ago, Queen Mary University of London and White & Case released their third International Arbitration Survey entitled “Improvements and Innovations in International Arbitration”. One of the many…
