…such as the new Singapore International Court Practice Directions (“SICC Practice Directions“) and the Legal Profession (Foreign Representation in Singapore International Commercial Court) Rules 2014 (“SICC Foreign Representation Rules“). The…
…some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and (ii) the…
…Commercial Arbitration in England 244 (end ed., 1989)) Under Austrian law, the successful challenge terminates the arbitrator’s contract pro futuro. The acts he took in the arbitration, however, remain valid…
Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration. The…
…discusses the features of the new Model BIT that is being contemplated. Definition of Investment The definition of “investment” in the new model BIT might be amended to make it…
…Colombia has a legal framework to address risks in infrastructure projects, and Colombia-bound investors should consider an arbitration clause specifying that Colombian law will apply, while the international arbitration will…
…award and allowed for ONGC to deduct liquidated damages. Effect of the Western GECO decision Section 5 of the Indian Arbitration Act 1996, which mirrors the provisions of Article 5…
…and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force. The parties further agree…
…language to the effect that witness testimony “may be presented by a party in written form”. (New) LCIA Rules, Art. 20.2, see also Swiss Rules Art. 25(3); UNCITRAL Rules Art….
…of arbitration is that it seeks the cooperation of the very public authorities from which it wants to free itself.” (Jan Paulsson, Arbitration in Three Dimensions, LSE Legal Studies Working…
…legal rules in order to confer legal effects on previous decisions. While stating that arbitrators are not bound by previous decisions, the tribunal considered that previous decisions could be applied…
…“arbitration without privity”), and an arbitration agreement between two commercial entities where a third party wishes to arbitrate against an original commercial signatory without any equivalent standing offer of arbitration….
…shall be resolved strictly in accordance with these provisions. A remark should be raised here concerning the explicitness of the time-bar provisions: the Court has established the case law mainly…
…of corporate attitudes towards arbitration have sparked a useful and on-going dialogue between the arbitration community (arbitrators, arbitration institutions and arbitration counsel) and the users of arbitrators (corporate counsel and…
…Ecuadoran government’s policies on the so-called “extraordinary income” of oil companies operating in its territory in the mid to late 2000s. Keen followers of international arbitration will recall three previous…
…gas supply and contained an arbitration clause (SCC arbitration, Stockholm seat). In 2011 the MoE commenced domestic court proceedings against LD, its managing director and two board members appointed by…
…which are – at least traditionally – a rarity in international, and especially ICSID, arbitration. However, even if arbitration has no option but to use the tools of the true…
…Article 25(1) of the ICSID Convention as well as both the ICSID Institution Rules (Article 2) and the ICSID Arbitration Rules (Rule 1). (para. 292) “The Tribunal . . ….
For many years, the standard of review by French courts of awards rendered in international arbitration proceedings on grounds of violation of international public policy has been controversial. Scholars have…
…the London award involving Brazilian parties, Part III of the Arbitration Act would not apply to the award because Section 100(1) defines a “New York Convention award” purely in terms…
…discussed how to make use of the similarities between countries, legal cultures, and languages so as to facilitate international dispute resolution (‘Commercial Arbitration between China and the Portuguese-Speaking World’, Kluwer…
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
Two months ago, readers of the Kluwer Arbitration blog were asked to participate in some ongoing surveys relating international commercial mediation and conciliation. The studies were being conducted to assist…
…respondent for the conduct that made it liable to the claimant.” (UNCITRAL Rules, Final Award 30 December 2002, para. 45) Consequently, only the procedural conduct of the parties should be…
