…if their effect results in important long-term losses.” (CMS v. Argentina, para. 410) Thus, following the inner logic of this jurisprudence, a series of investment arbitration practitioners and scholars have…
…executive management, the DIAC counts true arbitration prominence, such as the doyen of international arbitration Martin Hunter of Essex Court Chambers in London and former Director Nassib Ziade, who held…
The IBA recently revised its Guidelines on Conflicts of Interest in International Arbitration. This was the culmination of a review by the IBA Arbitration Committee, which began in 2012. The…
The Inaugural Conference of the European Federation for Investment Law and Arbitration (EFILA) took place on Friday, 23 January 2015, in the Senate House of the Queen Mary University of…
…its Article 26, that “[c]onsent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy”….
…Spain cases. The legal standard for access of the EC as a non-disputing party to investment arbitration has opened a broad debate. According to ICSID Arbitration Rule 37.2, the arbitral…
In article 35 of the Brazilian Arbitration Law (“BAA”) it states that, in order to be enforced in Brazil, a foreign arbitral award (i.e., an award issued outside Brazil’s territory)…
…their enforcement. Resistance to investor-state arbitration is increasing even in the developed world, with voices in France, Germany and England now questioning whether to include an arbitration provision in the…
…arbitration agreement based on whether or not it had been entered into voluntarily. Rather, the Higher Court held that the arbitration agreement between Ms Pechstein and the ISU was invalid…
…from other sources. The turnout has been overwhelming! In under four months, we accomplished our self-imposed goal of collecting in excess of 100 previously unpublished international arbitration awards. The award…
…(the ‘Arbitration Clause’), stipulating that any dispute should be submitted to “the China International Economic and Trade Arbitration Commission Shanghai Sub-Commission (hereinafter ‘CIETAC Shanghai Sub-Commission’)” for arbitration. Disputes subsequently arose…
…what conditions a party may unilaterally terminate an arbitration agreement for lack of financial resources to initiate and pursue arbitration proceedings, in order to then bring its case before the…
…Arbitration Amendment) Rules 2014. These Arbitration Rules came into operation on 1 December 2014. The Arbitration Rules set out the procedure for both domestic and international arbitration (although the focus…
…Chamber of Commerce.” Clause 30.3 also stated that “[t]he arbitration proceedings shall be held at Singapore.” The reference to a non-existent arbitration institution – the “Singapore Chamber of Commerce” –…
…to international arbitration in Singapore? Notwithstanding the unique features of the SICC that seek to marry the best of international arbitration and Singapore court practices, the SICC is unlikely, at…
…some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and (ii) the…
…Commercial Arbitration in England 244 (end ed., 1989)) Under Austrian law, the successful challenge terminates the arbitrator’s contract pro futuro. The acts he took in the arbitration, however, remain valid…
Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration. The…
India lost its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company. Taking a cue from the White Industries case, (read more on it here)…
Perhaps on a daily basis, in at least one city somewhere in the Western Hemisphere, an international-arbitration practitioner is asked to describe the benefits of arbitration over litigation in Latin…
…of the UNCITRAL Model Law (‘Model law’), prohibits court interference unless provided for in the Act. Section 34 of the Indian Arbitration and Conciliation Act 1996 (‘Indian Arbitration Act’), which…
…and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force. The parties further agree…
…importance and ubiquity of WS in international arbitration it is interesting to note that few major arbitration rules define them explicitly; when they do mention WS it is often merely…
…of arbitration is that it seeks the cooperation of the very public authorities from which it wants to free itself.” (Jan Paulsson, Arbitration in Three Dimensions, LSE Legal Studies Working…
