…in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make…
…those with cross-border disputes”. Dr Michael Pryles, Founder President of the SIAC Court of Arbitration, has been instrumental in developing SIAC into a world-class arbitration centre during his term in…
…law and EU law concerns the enforcement mechanism in investor-State arbitration proceedings. Yet, access to arbitration is subject to high procedural hurdles and is only available for a narrow class…
…related disputes. Further examples of dispute board rules are to be found in the American Arbitration Association (AAA), the Dispute Resolution Board Guide Specifications for construction contracts where actually the…
…not always be visible. Tribunal’s mandate in commercial arbitration: case of Sacheri v Robotto (1989) In commercial arbitration, a similar situation was addressed in a decision by the Italian Supreme…
…applies to the legal relationship to which the arbitration agreement relates. Emergency arbitration: The possibility of emergency arbitration as already contained in the former Act is maintained in the New…
…treaty arbitration case law. The first view, adopted in Sempra v. Argentina (ICSID Case No. ARB/02/16) and Hochtief v. Argentina (ICSID Case No. ARB/07/31) decisions, holds that a settlement agreement…
Both UNCTAD and ICSID have recently released documents designed to provide snapshots of key developments and trends in investor-State arbitration. Both documents draw upon a statistical analysis of case filings…
…clause 1 the Supreme Court was asked to decide what constituted an arbitration agreement in light of the purpose and the statutory context of the Arbitration Act 1996. The Court…
…Intl’l Corp. that class arbitration “changes the nature of arbitration,” the overarching theme of the book is the question whether group arbitration is a different beast from “arbitration proper.” Professor…
…Law and is replaced with the Arbitration Law. Seemingly drafted with domestic arbitration in mind, the aforementioned laws governing Kuwaiti arbitration, in particular that of Judicial Arbitration Law are composed…
…an “arbitration” for the purposes of the Act. These were as follows: (i) It is a characteristic of arbitration that the parties should have a proper opportunity of presenting their…
On Friday, February 6, Emmanuel Gaillard, Head of the International Arbitration Group for Shearman & Sterling LLP, and Yas Banifatemi, Head of the Public International Law practice of the same…
and Jim James & Trevor Tan Introduction The latest edition of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the 2015 Rules), which came into force on…
…of the Court of Arbitration for Sport (CAS), since it held the underlying arbitration agreement between Claudia Pechstein, the speed skater, and her sport’s governing body to be invalid. Just…
I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide. International investment arbitration is…
…12) from 5:00 to 7:00 pm Eastern here at Kluwer Arbitration blog. You can watch the recorded presentation here. The event is sponsored by Notre Dame Law School and Hogan…
…whether ITA is just another form of commercial arbitration or rather whether it is purely a species of public international law. As contrasted with commercial arbitration, ITA looks at the…
…(Europe Cement v. Turkey, Award of 13 August 2009, para. 184); or if there is indication of a post hoc corporate restructuring designed to obtain access to international arbitration. ●…
…arbitrators have extensive experience with tripartite arbitration, streamlined or fast-track processes, ad hoc arbitration, and arbitration under non-administered rules, and some have arbitrated under final-offer, appellate, and emergency procedures. Some…
The current state of affairs of arbitration within Latin America looks challenging. Many countries are having upcoming ICSID awards which could amount to tens of billions of dollars against them….
…Rigo Sureda (President) and Professor Brigitte Stern (the “Tribunal”). Singapore was designated as the seat of the arbitration. In its award on jurisdiction dated 13 December 2013, the Tribunal found…
…Claimants have brought the present arbitration. ¶ 304. This view seems reasonable in light of the current state of bilateral and plurilateral play. While the investment treaty system may look,…
…International Arbitration date back to 1986. With effect from 1 January 2015, the 2005 Procedures have been replaced by Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules…
