…procedure was not conducted according to the Arbitration Law and the applicable rules of procedure. As explained, the Law provides that the arbitration proceeding should be suspended when two or…
…each other – provisions of the New York Convention (Article V 1 (e)), Panama Convention (Article V 1 (e)), and the Brazilian Arbitration Act (Art. 38 VI), according to which…
…sought by the parties. Instead, parties only seek to recognise an arbitral award. The provisions in the DIFC Arbitration Law parallel that of the New York Convention. […] 124. Accordingly,…
…February 2016 immediately after the conclusion of the Brussels TTIP negotiations round. Europe therefore clearly aims at building new institutions for ISDS, while arbitration as a mode of dispute settlement…
…say? i) Arbitration and Mediation Rules: ISTAC Arbitration and Mediation Rules (the “Rules”), as well as Fast Track Arbitration Rules and Emergency Arbitrator Rules, may be reached online through www.istac.org.tr….
…a public element in the context of arbitration is not new in Russia, and it can be traced to the initial position of Russian courts regarding real estate disputes, which…
…arbitration by commencing proceedings: either by filing a request to arbitration with the relevant institution, or by sending a Notice of Arbitration in an ad hoc arbitration context. Conclusion Anzen…
…the liquidator sold the assets. As a result, Dan Cake’s investment in Hungary reached its end. The question was whether such a conduct by the Hungarian Court breached the Portugal…
…incurred by claimants and respondents in ICSID arbitrations, an amount which ICSID acknowledges “could be substantial”. In 2012, the OECD concluded that legal and arbitration costs for claimants and respondents…
…the parties, if the seat of arbitration is in the Republic of Armenia and a party to the arbitration is a citizen of, or a legal entity registered in the…
…meantime, the US Federal Arbitration Act (“FAA”) – which applies to domestic arbitration more broadly, as well as consumer arbitration – does not set any restrictions for the consumers to…
The arbitration of patent disputes is on the rise. This is not only because patent litigation has been subject to criticism on multiple grounds, but also because arbitration offers several…
…conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Hong Kong-Australia BIT. It took the Arbitral Tribunal, which consisted of highly experienced arbitrators Prof. Karl-Heinz Böckstiegel (Presiding Arbitrator),…
…Bulgaria and Egypt. In the meantime, no new BITs, or negotiations for new BITs, have been announced. At the same time that it has been taking steps to terminate its…
…the proceedings“, including orders for provisional relief. In the present case, the parties had chosen the LCIA Rules as lex arbitri, Article 25 of which permitted the arbitral tribunal to…
…rulings (such as awards generated in investment arbitration or reasoned decisions from national courts), not all of those procedures are truly analogous to international commercial arbitration. This is just an…
…arbitration law or any set of arbitration rules dealing with TPF in international arbitration, though both Hong Kong and Singapore are currently contemplating applicable reforms. Despite the lack of concrete…
…filed on the grounds that there was no arbitration agreement, or that it was invalid (Art 36 para 2 point a) of the Arbitration Law) the award dealt with a…
…conclusion of the arbitration agreement, or at the time of the commencement of arbitration? Therefore, it would be risky for two Bulgarian entities to agree on arbitration seated abroad even…
…the power of education to increase awareness of International Arbitration. Most important, it has been highlighted that one key reason which keeps most Italian businesses away from Arbitration is its…
…to Singapore International Arbitration Centre (SIAC) for arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce”. A dispute arose between the parties. The…
…Arbitration (DIS). Mandatory provisions for corporate law specialized rules The Arbitration Law s.45(8) sets out the following mandatory provisions, which must be included into special rules for resolving corporate law…
…its mandate and deliberately excluded the mandatory provisions of OHADA arbitration rules providing that the parties are bound by the fees set by the CCJA. Article 23.2 of the OHADA…
…new set of institutional rules modeled on the ICC and LCIA Rules of Arbitration in 2013 (see my previous reporting here). By offering a choice of offshore arbitration under the…
