…motions. In reaching the decision currently on appeal, the New York federal district court summarized these awards in its opinion. It remains to be seen whether the New York federal…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…transport and commercialisation of oil and gas products. The contractual dispute resolution clause provided for ad hoc arbitration under the UNCITRAL Rules seated in Switzerland, preceded by conciliation under the…
The headline is there as a trap. The writer will argue that arbitration by women is not legal either. Legitimate, of course, but not legal in the strict sense, the…
…agreements (“FTA”) and has also been specifically addressed in new guidelines and arbitration rules. As TPF has rapidly and persistently grown into an industry that is ‘maturing nicely’ in the…
…either party. Under Rule 39 of the ICSID Arbitration Rules, a party may request that provisional measures for the preservation of its rights be recommended by the tribunal. Rule 39…
…and the respondent is faced with a serious risk of a hit-and-run arbitration. Melis ÖZDEL, Enforcement of Arbitration Clauses in Bills of Lading: Where Are We Now? Abstract: Arbitration is…
…Arbitrators to Party Expectations”, published in the Austrian Yearbook on International Arbitration earlier this year. In our article we proposed that arbitrators complete a questionnaire to help parties select candidates…
…Court was satisfied that Russian law confines the option of arbitration to civil law disputes, and does not provide a basis for the arbitration of disputes arising from legal relations…
…contrast, an arbitration between two Brazilian parties in a foreign situs will be considered a foreign arbitration, subject to the New York Convention grounds only. are subject only to a…
…made to introduce arbitration provisions into the civil procedure law, and the BiH Court arbitration rules were established. Prior to this, it would seem that arbitration in BiH was limited…
…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…
…when the exercise of iura novit curia powers leads to the application of legal provisions or arguments that do not fit within the legal framework argued during the procedure. It…
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
…and troubling – allegations against Argentina: Threatened criminal prosecution against Claimants’ and Air Comet’s legal representatives for their participation in this arbitration, including the execution of the Assignment Agreement and…
…sell their electricity production benefiting from the regulated tariff had been introduced. The changes also introduced new technical requirements that implied significant new costs for the investors, and new access…
…Arbitration Association. In the absence of any uniform code of ethics governing counsel conduct in international arbitration, there has been a reliance on mandatory national rules. Such national rules, however,…
…safeguard the integrity of the proceedings, and to properly fulfil their mandate as an adjudicatory body. The General Guidelines for the Parties’ Legal Representatives, attached to the latest LCIA Rules,…
…and the ex-parte filing of a certain “secret” legal opinion the government of Israel commissioned from a US law firm, in replying to the petitions filed to the Supreme Court,…
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…
