…disputes, foreign investment law reserves ultimate jurisdiction on foreign investment disputes for investment arbitration. Neocolonialism manifests itself in many ways in investment arbitration. Foremost is the use of arbitration itself…
I am writing to announce an opening for the position of Associate Editor for the Kluwer Arbitration Blog. The Associate Editor will report directly to me and work closely with…
…International Commercial Arbitration in 1993. Project agreements with state entities such as Petróleos Mexicanos (PEMEX) and the Federal Electricity Commission (CFE) may be submitted to arbitration since 1993. In 2009,…
…a direct influence on how mediation and arbitration should develop in the future. The technology enabled responses from users, advisors, providers/mediators/arbitrators and educators to be instantly segmented and compared, accompanied…
…good faith for the fair, efficient and expeditious conduct of the arbitration, including the Arbitral Tribunal’s discharge of its general duties.’ More impressively, Art. 32.1 provides that ‘for all matters…
…understanding of arbitration and renders good decisions (with a handful of questionable decisions which usually generate great debate within the arbitration community). Counsel experienced in arbitration will therefore think twice…
…referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is…
…are made under the same arbitration agreement or (iii) all the claims are made under more than one arbitration agreement, the arbitrations involve the same parties, the disputes in the…
One of the recurrent controversial issues in the investment arbitration practice relates to the application of the general rule of treaty interpretation of the Vienna Convention on the Law of…
…In contrast to contractual arbitration, where the contracting parties are under no obligation, either in law or in fact, of commending their dispute resolution to arbitration, in tax arbitration if…
…the related ITA Arbitration Reports). This post takes a closer look at the assessment of admissibility of illegally obtained evidence in sport arbitration. Such an assessment is generally undertaken by…
…this an example of the US courts’ pro-arbitration policy? Does this kind of decisions encourage the parties to look for enforcement of awards before the US courts? Does it trigger…
…and reminds us that parties remain captive to the courts at the seat of arbitration when it comes to nullification of international arbitration awards. Fortunately, the language of international arbitration…
…II Award, with its relevant reasons, operates in this arbitration as res judicata as regards both named parties to that arbitration[.] After making these determinations, the Tribunal then examined the…
Let’s get this straight: When awarded to persons, including foreign investors, moral damages are compensatory in nature. They are not discretionary. They are not symbolic. They are not exemplary. They…
…to Arbitration and Conciliation Act 1996, issued in August 2014, as discussed on this blog previously, is a step further in the pro-arbitration trends and the legislative amendments proposed by…
…Set Aside On 30 September 2008, an arbitration tribunal under the auspices of the Thai Arbitration Institute ruled in favour of Hopewell and ordered the MoT and SRT to pay…
and Laura Lozano, González-Bueno & Asociados It is known that third party funding has become one of the hot topics in the international arbitration arena. Indeed, it is not the…
…to the District Court for a stay of the proceedings on the basis of an arbitration clause contained in its agreement with Tiulei Hagalil. The arbitration clause provided for Jordanian…
…international arbitration agreements on the jurisdiction of domestic courts, and the legal effectiveness of arbitration clauses inserted in consumer contracts. But cracks started appearing in a 2011 consumer arbitration case,…
…alia between Rakesh and other members of the Malhotra family. The SSD also provided for arbitration under the LCIA Arbitration Rules. After a while the members of the Malhotra family…
…The German Government fears that ISDS might reduce the EC’s and its own policy space. Its main concerns are focused on the possibility of Member States facing investment arbitration claims…
…Rules of Arbitration will need to compare favourably to the sets of rules that are presently on offer in other internationally leading maritime arbitration centres, including in particular London and…
…award aside before the Supreme Court, which has exclusive jurisdiction to handle annulment requests for all international arbitration proceedings in Switzerland. Alternatively, the Owner requested that the arbitration be suspended…
