In recent years, arbitration institutions have made significant progress by adopting the provisions on emergency arbitrators (“EA”). One of the biggest appeals of the new mechanism is that it allows…
The Dubai Court of Cassation stays firmly on course in its enforcement of foreign arbitration awards under the 1958 New York Convention for the recognition and enforcement of foreign arbitral…
and Rute Alves, PLMJ Sociedade de Advogados 1. Legal and practical background Pursuant to Article 17(3) of the Portuguese Voluntary Arbitration Law (Law no. 63/2011 of 14 December – hereinafter…
…provide for alternative dispute resolution mechanisms, usually through international arbitration, and in particular arbitration at ICSID or ad hoc proceedings under the rules of UNCITRAL or other international arbitration centers….
…arbitration which remained Stuttgart, Germany. Applicability of NY Convention in the UAE Since the UAE ratified the New York Convention in 2006, the provisions for recognition set out in the…
…are appointed by the LCIA Court. The LCIA Rules also provide for a refund of the deposit paid by the parties if the actual arbitration costs are less than the…
…the US-China BIT) may prove to be an anti-BIT which, rather than promoting new investment, simply asserts states’ ability to regulate existing investments. Three provisions contribute to the Canada-China BIT’s…
…of Awards Set Aside in their Jurisdiction of Origin, Austrian Yearbook on International Arbitration 2014, p. 285-292). It remains to be seen whether a recent decision in this matter of…
Negotiations over the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) have highlighted the growing debate over investment arbitration. Last week the New York Times published an…
…international arbitration. Inclusion of choice of law provisions in HKIAC model clauses The HKIAC’s model arbitration clauses were updated in August 2014 to include choice of law provisions. This inclusion…
…pay, through arbitration. The main benefit will be the enhanced enforceability of “judgment-converted-awards” under international enforcement instruments typically applicable to international arbitration awards, e.g. the 1958 New York Convention on…
…fees and so can effectively reduce the costs of arbitration. HKIAC has witnessed an increasing number of financial disputes being referred to arbitration. With its leading arbitration rules in place…
…1 April 2014, and are incorporated into the 2013 UNCITRAL Arbitration Rules by Article 1(4) of those Rules. The Transparency Rules provide for increased transparency in investor-State proceedings conducted under…
…With the mandate to examine elements related to both politics and development, I was asked to explore outcomes in investment treaty arbitration (ITA) as a function of these twin variables….
…should retain the discretion of raising the same, or new, legal arguments in the new arbitration, on the basis that the new tribunal may well reach different conclusions than the…
…ed., Kluwer Law International 2013). The new LCIA Arbitration Rules, which entered into force on 1 October 2014 (hereafter the ‘2014 LCIA Rules’ or ‘Rules’) are at the core of…
…employed in treaties with continuing duration are assumed to be intended to follow temporal variations of their ordinary meaning. In the case concerning Legal Consequences for States of the Continued…
…arbitration centers, during the last years businesses started to require arbitration institutions which reflected the tendencies in arbitration and, the most important, which restored trust in arbitration as a way…
…was explicitly incorporated in the Swedish Arbitration Act of 1999.8)Section 3 of the Swedish Arbitration Act: “Where the validity of an arbitration agreement which constitutes part of another agreement must…
…(3) the term ‘public interest of the Mainland’ was not equivalent to mandatory rules in the Mainland; it should be interpreted only as referring to the basic legal system of…
…contains an arbitration clause and arbitration proceedings between the Port Trust and the Indian Company are currently underway (“Contract Arbitration”). LDA initiated a separate investment treaty claim under the 1997…
…New York Convention contracting states. Gary Born, Chair of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr LLP commented: “The proposed Bilateral Arbitration Treaty is a novel…
…in the field of international arbitration. Titled “Improvements and Innovations in International Arbitration”, the 2015 International Arbitration Survey seeks to explore “whether and how international arbitration as a form of…
…Nuclear Corporation (CNNC), which is owned by the Chinese government. The dispute The ad hoc arbitral tribunal (Tribunal), which had been constituted under the UNCITRAL Arbitration Rules, held that the…
