It is well settled that there is no rule of precedent in investment arbitration and arbitrators are not bound by decisions rendered by previous tribunals. Nevertheless, investment arbitration practice shows…
…“arbitration without privity”), and an arbitration agreement between two commercial entities where a third party wishes to arbitrate against an original commercial signatory without any equivalent standing offer of arbitration….
The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. Characterized…
…of corporate attitudes towards arbitration have sparked a useful and on-going dialogue between the arbitration community (arbitrators, arbitration institutions and arbitration counsel) and the users of arbitrators (corporate counsel and…
…Ecuadoran government’s policies on the so-called “extraordinary income” of oil companies operating in its territory in the mid to late 2000s. Keen followers of international arbitration will recall three previous…
…gas supply and contained an arbitration clause (SCC arbitration, Stockholm seat). In 2011 the MoE commenced domestic court proceedings against LD, its managing director and two board members appointed by…
…which are – at least traditionally – a rarity in international, and especially ICSID, arbitration. However, even if arbitration has no option but to use the tools of the true…
…tribunal in Alemanni noted that it was “not impressed by either of the two opposing arguments: either that a multi-party arbitration can only be brought where there has been a…
For many years, the standard of review by French courts of awards rendered in international arbitration proceedings on grounds of violation of international public policy has been controversial. Scholars have…
…rendered. Meanwhile, in breach of the arbitration agreement one of the parties has gone to the Spanish Court. The Spanish Court decides that the arbitration agreement is null and void…
…as a centre for arbitration of commercial disputes between enterprises from China and Portuguese-speaking countries is an example of how arbitration may play an important role in China’s economic policy….
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
Two months ago, readers of the Kluwer Arbitration blog were asked to participate in some ongoing surveys relating international commercial mediation and conciliation. The studies were being conducted to assist…
…initiating arbitration.” (Stephan Schill, Cost-Shifting in Investment Treaty Arbitration, 7 J.W.I.T. 653 (2006) at 685) As to arguments such as impecunious party, these considerations are subjective, extraneous and have not…
…or arbitration as well as on the date on which the request [for conciliation or arbitration] was registered[…], but does not include any person who on either date also had…
…as a permanent arbitration institution. According to the Regulations on the Organisation and Operation of the CCIR, the Arbitration Court provides arbitration services, consultancy on procedures, studies and research in…
…of arbitration unless the decision ‘violates basic notions of justice’. Accordingly, if an award is set aside at the seat of arbitration, a US court will refuse enforcement of the…
…Arbitration Act (the “IAA”). Applications for arbitration awards to be set aside can be granted if one of the limited grounds in Article 34(2) of the UNCITRAL Model Law (which…
…Party, and (4) to adhere to Marxism-Leninism and Mao’s thought. Many other popular Asian arbitration jurisdictions are certainly very appealing to Russia at the moment given their developed arbitration laws,…
…arbitration agreement (or the “agreement for submission of post-judgment disputes to arbitration” in the terms of the revised Practice Direction) to DIFC laws. Despite the enhanced wording of the revised…
…though Israel is also the seat of the arbitration. In finding that the arbitration agreement should be considered to be domestic because the seat of arbitration is Israel, the Supreme…
…and expensive, belying the efficiency and effectiveness of arbitration. That should not be anymore the case if an investor is lucky enough to have a UAIAC arbitration as the parties’…
…control counsel conduct. The growing concern is related to significant changes that have taken place in international arbitration practice. Arbitration is no longer controlled by an elite group of arbitrators…
…award rendered under the auspices of the Dubai International Arbitration Centre (DIAC)) even in the absence of any geographic nexus with the DIFC, not even the presence within it of…
