Do Arbitrators Have A Special Duty Towards Unrepresented Parties?
…jurisdiction or failure to observe the rules of natural justice. By virtue of section 22(1) of the Act, the Domestic Commercial Arbitration Rules of Procedure of the BCICAC apply to…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements
…a dispute from a domestic legal system by way of an arbitration agreement, their recourse to such legal system must accordingly remain limited. In practice, parties to an arbitration are…
Emergency Arbitrators in Investment Treaty Disputes
…emergency arbitration was introduced, apply the rules in force at the time of the commencement of the arbitration. In practice, this allows for emergency arbitration under the SCC Rules also…
AQZ v ARA: Singapore High Court Upholds Award Made under SIAC Expedited Procedure
…proceedings for the Seller’s failure to deliver under the second contract. Clause 16 of that contract provided for arbitration “in accordance with the rules of conciliation and arbitration of the…
Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of Appeal’s Finding that the Tribunal Lacked Jurisdiction
…Media raised its objection with the Tribunal, in light of First Media’s other conduct in the arbitration. Second, with respect to First Media’s conduct in the arbitration, the judge’s finding…
To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts
…confirmed the validity of arbitration clauses that provide for CIETAC arbitration under the UNCITRAL Arbitration Rules (see Zhe Yong Zhong Que Zi No 4, 17 March 2014). In such proceedings,…
Meet the Author: Interview on Private Dispute Resolution in International Business, Third Edition
…Arbitration (DIS), board-member of the Arbitration Institute at the Stockholm Chamber of Commerce and a practicing international arbitrator. This new third edition pursues three goals. First, the text of the…
Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism
…application of inappropriate ordinary rules and remedies against arbitration, creating a further constitutional challenge-regime through a constitutional action which was never intended to by applied against arbitration nor to pre-arbitral…
Arbitration clause, Dubai, Enforcement of an arbitration clause, Middle East, UAE, Unilateral Clauses
Unilateral Option to Arbitrate: Valid in the UAE?
…arbitration shall be resolved in accordance with the rules of the DIFC-LCIA Arbitration Centre (the “Rules”) which are deemed to be incorporated by reference into this Clause. The tribunal shall…
Mass Claims in Investment Arbitration- The Need of the Hour
…have even showed that the average claim may cost in the region of US$9,743,000 (Counting the costs of investment treaty arbitration, Global Arbitration Review Online News, 24th March, 2014). This…
Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts
…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…
Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics
SIAC Announces a New President and Releases its 2014 Results
…to ensure that SIAC is firmly at the forefront of international arbitration, both in Asia and worldwide.” SIAC has also appointed new Members to the SIAC Court of Arbitration. Full…
BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership
A Question of Democracy: The German Debate on International Investment Law.
…law and EU law, on the one hand, and the provisions protecting investments under CETA’s investment chapter, on the other hand, exist with respect to the legal consequences of breaches…
Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations
…development as the CIArb in producing its rules; demonstrated the growing usage and need for tailoring the rules according to demand. The most significant aspect of the recent rules is…
The Challenge of the Yukos Award: an Award Written by Someone Else – a Violation of the Tribunal’s Mandate?
…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…
The New Dutch Arbitration Act 2015
…of the amendments incorporated into the New Act. Arbitration agreement: The provisions regarding arbitration agreements contain several noteworthy amendments. Firstly, consumer protection is extended by way of an amendment to…
Effects of Settlements in Investor-State arbitration
…Furthermore, the decision in SAUR is problematic under a strict legal-technical approach. The decision in SAUR is justified under the provisions of the Argentinian civil code and the principles of…
Looking behind the Statistics for Investment Arbitration
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…
Arbitration Agreement the New Zealand Way
It is nearly a trite truism that New Zealanders are, in proportion to New Zealand’s size, over represented in international arbitration. A truism confirmed by John Beechy during an address…
Review of Class, Mass, and Collective Arbitration in National and International Law, by S.I. Strong
…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…
Arbitration in Kuwait: Time for Reform?
…a new arbitration law generally based on the UNCITRAL Model Law. The law recognizes international arbitration proceedings in line with international customary practice, provides rules to govern arbitration proceedings, and…
What is an Arbitration, and Does it Really Matter? (An Australian Perspective)
…Croft J described as “well accepted” and in use by “domestic arbitral tribunals in this country” the arbitration rules of, for example, the Australian Centre for Commercial Arbitration, International Chamber…
Gaillard and Banifatemi on Strategy Insights into the Yukos Arbitration at Harvard Law School
…of these issues “make this case interesting from the legal stand point of those who follow investment arbitration,” Gaillard said. Yas Banifatemi started her presentation about the jurisdictional stage of…
CIETAC’s New Arbitration Rules 2015
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…