Arbitration in Brazil has come a long way since the passing of the Brazilian Arbitration Act in 1996 (the “BAA”). The BAA has its origins in the UNCITRAL Model Law…
…benefit from greater practical experience in arbitration cases. Arbitration institutions in the Balkans region (to varying degrees) are relatively new, and have struggled to afford adequate opportunities for arbitration appointments….
…refers to a “dispute involving the amount of compensation for expropriation” being referred to arbitration (the “Second Question“). The tribunal answered both questions in the affirmative and found that it…
…Regulations as prescribed by the DIFC Arbitration Law”, the Justice found that “the Arbitration Clause (13.5) alone [did] not clearly nominate the DIFC to be the Seat of Arbitration and…
…followed the 2009 coup in Madagascar. Peter and Kristof De Sutter, Polo Garments Majunga, and DS2 (“Claimants”) filed a request for arbitration at the ICC Court, alleging an infringement of…
…issue that can either help to streamline the rest of the arbitration by narrowing the list of issues in dispute, or, occasionally, by disposing of the arbitration in its entirety….
…the Funding Agreement; Threatened King & Spalding with criminal prosecution for its role in representing Claimants in this arbitration; Threatened Burford, the capital provider in this arbitration under arrangements repeatedly…
A tribunal in an investor-state arbitration under the SCC rules issued an award on 21 January 2016, in Charanne B.V, & Construction Investments S.A.R.L vs The Kingdom of Spain, the…
…Guidelines on Party Representation in International Arbitration, and in 2014 the LCIA took a step further by promulgating revised Arbitration Rules which included mandatory “General Guidelines for the Parties’ Legal…
…Association’s Committee on International Commercial Arbitration issued a Report that distinguishes between implied and inherent powers: Implied powers, according to the ILA Report, stem from the arbitration agreement, applicable rules,…
…deal, then the foreign investor oil & gas company, namely, Nobel Energy Mediterranean Limited, may initiate arbitration proceedings against the government of Israel and, eventually, prevail, costing the State of…
Although maritime arbitration is now considered to be distinct from both international commercial arbitration and investment arbitration, the procedures have common legal roots as well as many common procedures. As…
…giving notice of intent to initiate arbitration proceedings. This format of arbitration works even without actual privity of contract, as only States (rather than the parties initiating the arbitration) are…
…Courts and Arbitration”. In it he claims that arbitration is hindering the development of the common law by taking cases away from national courts and allowing commercial claims to be…
…SIAC) or requests (SCC, ICC, LCIA) for arbitration are alternatively used abroad to commence arbitration, and they have rarely been used in Russia to date. No wonder that the “request…
…Contract Law (stating that “parties to a foreign-related contract may, according to the arbitration agreement, apply to a Chinese arbitration institution or any other arbitration institution for arbitration”) and Article…
…attempting to create new international judicial bodies (i.e., abandoning arbitration)? A = Not really. The proposal to the US in the context of TTIP, but even more so the agreements…
…survey have allowed the research team to produce far more information on the practice of arbitration in Europe than has previously been available (see, e.g. this discussion of arbitration in…
…measures The Regulation No. 655/2014 expressly excludes arbitration from its scope (Article 2(2)(e)). In doing so, the EAPO Regulation matches the exclusion of arbitration in the Brussels I Regulation (recast)…
…protection to state immunity from execution.1)G. Travaini, State 1 – Investor 0: Recent French Decisions regarding Sovereign Immunity from Execution, Kluwer Arbitration Blog (27 August 2013). A new turning point…
…the ECHR. The Court recalled the distinction between compulsory and voluntary arbitration and its related case law. Whereas compulsory arbitration must comply with the guarantees provided for in Article 6(1)…
…related transactions, and the arbitration agreements are compatible (incompatible arbitration agreements may include, for example, those specifying different places or rules of arbitration). In contrast, certain other arbitration institutions that…
…jurisdiction infringement/revocation disputes are, more and more, choosing to resolve them by arbitration. A further advantage of arbitration is that rulings on patent validity/enforceability in an arbitration award are binding…
…the Dubai International Arbitration Centre (DIAC) for procedural misconduct over the past couple of years. This being said, given in particular the high profile nature of the subject arbitration tribunals…
