…from one perspective, the incident reflects an element of farce. But it also provides a trenchant and timely reminder of continuing differences regarding the structure of investment treaty arbitration, and…
…clauses “help to facilitate dispute management and reduce time and costs“3)https://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Arbitration/Standard-ICC-Arbitration-Clauses/ to the extent that if successful, litigation or arbitration can be avoided; and if unsuccessful, negotiation/conciliation encourages the parties…
…the parties as suitable venues for international arbitration. In the last months several jurisdictions that are not traditional arbitration hubs have enacted new arbitration laws or declared the intention to…
…the arbitration proceeded with Fluxo-Cane and Mr. Garcia participating under protest and ultimately walking out of the hearing. The arbitration proceeded and on December 21, 2009, the Tribunal issued an…
…of arbitration, perhaps even as an encouragement to use economic sanctions to achieve a goal departing from the coercive and symbolic purpose of this political tool. Mercedeh Azeredo Da Silveira…
…ad hoc arbitration (usually under the UNCITRAL arbitration rules unless the parties agree on a different set of rules). Some BITs contain the additional option to submit the dispute to…
…many internationally well-known arbitration cases, including interstate disputes of major geopolitical significance. For example, he chaired the Rann of Kutch arbitration, which ended military hostilities between India and Pakistan over…
…Intelligence by – Tweeting about it, – “Liking” it on Facebook, – Giving it a shout-out at arbitration conferences and in arbitration online discussions, – Casually working it into cocktail…
…for non-payment (the “Fraud Defences”). The Guarantee included an arbitration clause providing for arbitration under the ICC Rules in New York. Travis commenced arbitral proceedings on 25 May 2012 and…
…generated in recent years1)For example: IMI International Corporate Users ADR Survey and Fortune 1,000 Survey on Mediation, Arbitration and Conflict Management , the field is not proficient at inter-communication: arbitrators…
…As international arbitration practitioners are learning, this effectiveness is not universally understood or regarded as a positive development. Debates are bubbling over about the impact of arbitration on legitimate national…
Ukraine has a reputation of a country with an imperfect justice system. No wonder that the country is also pictured by many arbitration practitioners as one unfriendly to arbitration, though…
…view, the openness of hearings will positively affect the public’s assessment of investor-State arbitration. It will show that investor-State arbitration constitutes an adjudicatory process which is, despite its idiosyncrasies, similar…
…revealed that individuals who had served as arbitration counsel and/or arbitrator considered issues burden of proof to frequently be outcome determinative in arbitration cases. Nevertheless, those same respondents indicated that…
…award? A. The American Arbitration Association in New York (AAA) B. The Hong Kong International Arbitration Centre (HKIAC) C. The Court of Arbitration of the Finnish Chamber of Commerce in…
…State by which the State confers upon the agency the capacity to conclude a valid ICSID arbitration agreement and become a party to an ICSID arbitration.” (NIKO Resources, para. 325)…
…arbitral awards since 2004. These decisions were the subject-matter of the Kluwer Arbitration Blog post mentioned above. Again unsuccessful, Clorox’s subsidiaries, FBDB and STPB, filed another ICC Arbitration (“Second Arbitration”)…
…broader definition of ‘expropriation’ or ‘compensation’, or more favourable procedural conditions such as bypassing a requirement to submit disputes to local courts prior to commencing arbitration. But the question of…
…such principles and, for that matter, arbitration itself. Therefore, I believe we must reflect on the parties’ willingness to exercise their freedom to appoint the arbitrator of their preference, while…
The London Court of International Arbitration (LCIA) has recently adopted a new set of arbitration rules, which will come into effect on 1 October 2014.The new rules aim to ensure…
…Arbitration Awards. Thus, it was only in 2002 that the arbitration system – with regards both to internal and international awards – was duly regulated in Brazil. With a proper…
Indonesia is not the only Asia-Pacific nation that is reassessing investment treaties containing provisions on Investor-State Dispute Settlement (ISDS, especially arbitration). India announced a review in 2013, partly in the…
In further nod to the non-interventionist and pro-arbitration stance of the Singapore courts, the Singapore Court of Appeal in BLC and ors v. BLB and anor [2014] SGCA 40 (“the…
In its Award on Jurisdiction and Admissibility, a unanimous tribunal in Apotex, Inc. v. United States dismissed a Canadian manufacturer’s claims that the United States judiciary had violated NAFTA by…
