…contract, both parties had willingly submitted to the 1998 version of the rules in signing the Terms of Reference with the arbitrators (which mentioned the 1998 rules nine times). The…
…opinion. The nature of the appeal required the Court to consider the tribunal members’ approach to construction and their evaluation of the evidence, so allowing it to enquire as to…
One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to…
…or otherwise uses the corporate structure to conceal a legal impropriety (Adams v. Cape Industries Inc.) or where there is evidence of fraud (Jones v. Lipman; BCCI v. Adham; Glencore…
…material as evidence in the case.” 9 U.S.C. § 7 (emphasis added). The Court read this provision literally and concluded that an arbitrator may not order a non-party to produce…
…Canada challenges these duties as inconsistent with trade rules. On one hand Canada is allegedly culpable of distorting bilateral trade; on the other hand the US is allegedly guilty of…
…question must be provided for by law, must be permanent, must respect due process requirements, must apply rules of law and those under its jurisdiction must be bound to go…
…that deserves far greater attention than it typically receives by the international arbitration community. Under the CAS Rules, all CAS tribunals have their seat in Lausanne, Switzerland and therefore all…
…of interim relief requests. The rules regarding interim relief of various arbitration institutions were inspired by the language of the ICJ Statute. For example, Article 41 of the ICJ Statute…
…2001; 43 cases have been registered with ICSID and 3 cases have been filed under the UNCITRAL Rules; awards have been issued in 12 cases (3 of them denying jurisdiction…
As reported several months ago – and confirmed last week – the International Centre for Settlement of Investment Disputes (ICSID) has a new Secretary-General. Meg Kinnear comes to the post…
…in a way which is, to this reviewer’s knowledge, not matched by any other existing arbitration text. For example, the choice of law rules applicable to an arbitration agreement, a…
…arbitrations may or may not be a matter of public record – depending upon the arbitral rules governing a case. While ICSID cases are listed on a public docket, cases…
Ten years ago virtually all international arbitration was in a black box. The awards were accessible to the parties and virtually no one else. One had vague impressions about the…
…agreements. The U.S. has not made any such declaration. The Convention reserves the application of other conventions entered into by other contracting states, including rules of regional economic integration organizations….
…rules and international conventions. The present review is focused on chapters 11 and 12, which explore and explain respectively: (i) the selection, challenge and replacement of arbitrators; and (ii) the…
…that he respects the rule of law. In particular, he affirms adamantly that he abides by international law. But by “law” he means the rules that need to be put…
…and on the constitutional structures established by the world’s leading international arbitration conventions, legislation and institutional rules. The treatise begins with an Overview, in Chapter 1, which introduces the subject…
…determines, under the rules applicable to it, whether it has jurisdiction to resolve the dispute before it … 30. Further … such an anti-suit injunction also runs counter to the…
…claimant had been entitled to the substantive protections of the ECT, the claims were entirely lacking in merit. The tribunal found the claimant failed to support its allegations with evidence….
…by a genuine concern over the impartiality of an arbitrator. All the evidence from published and other challenge decisions shows that the IBA Guidelines (in particular) and other publications are…
…do get filed, they don’t always need to be disclosed to the public. Much depends upon the arbitral rules used to bring a claim; with ICSID’s public docket contrasting sharply…
The American Society of International Law is pleased to join a number of organizations and institutions contributing to this on-line discussion of current issues in international arbitration. We have long…
…law and evidence. International arbitration presents grand issues of great international moment, as well as pedestrian concerns of stultifying minutiae. The practical details of international arbitration are incredibly complex, and…
