…of the arbitration institution chosen by the parties or, in the case of ad hoc arbitration, the Portuguese Voluntary Arbitration Law. Following the enactment of Law no. 62/2011, there have…
…in court greatly challenging – academics still refer to public policy as the “unruly horse”. This creates a significant responsibility for the courts to find an efficient way of determining…
…other public goods because of possible investment arbitration claims by affected foreign investors. However, so far no evidence has been shown, which proves that a State has decided not to…
…Article 267 TFEU. For further guidance on EU competition arbitration more specifically, see in particular G. Blanke and P. Landolt (eds), EU and US Antitrust Arbitration: A Handbook for Practitioners…
…before unelected tribunals and forced to rewrite their national policies and laws” Hyperboles of this nature fail to recognise important realities of ISDS proceedings. First, as with international commercial arbitration,…
…arbitration agreements (although there is some basis to argue otherwise). The amendments affirm the line of distinction between purely domestic arbitration involving Indian parties (“Domestic Arbitration”), arbitrations having an international…
…tribunal comfort that arbitration proceedings are admissible whilst eliminating potential for obstruction. To the same extent, it can save the parties an onerous arbitration which will result in an unenforceable…
…as are consumer disputes even where the arbitration agreement is contained in a contract of adhesion. Hopefully the arbitration community will embrace and address the criticisms rather than argue against…
…to the Arbitration Law, which relates to the efficiency and effectiveness of the arbitration procedure is that a claim challenging an arbitration award will be decided by only one judicial…
The results of the 2015 Queen Mary and White & Case International Arbitration Survey were launched on 6 October 2015. Titled “Improvements and Innovations in International Arbitration”, the survey seeks…
Fellow Kluwer arbitration blogger, Duarte Henriques, recently started a Facebook page dedicated to discussing topical issues in international arbitration. The page regularly features “memes” all aspects of the practice. Below…
…support development of corporate arbitration in Russia. The further important step on the development of M&A arbitration could be an approval of a modern and balanced arbitration law. On 1…
…the Court of Arbitration at BCCI, which is possible only in international arbitration. According to Art. 6, Para. 3, 3rd sentence of the Statute of the Court of Arbitration at…
…Statutory provisions on arbitration come down to nineteen articles set forth in the civil procedure acts. Therein, arbitration is classified as a “special procedure”, and placed alongside other types of…
…arbitration cases. For almost eleven months arbitration tribunals were handling cases with caution, since in case any of the parties wanted to delay, especially in Banks Union arbitration cases, it…
…what does all of this have to do with arbitration? Maybe nothing. However, Socrates’ quote comes to mind when one speaks to arbitration users or practitioners who recount with shining…
…interrogations: Does it threatens arbitration in Mexico? Would arbitration withstand the pounding? Would the parties’ agreement to arbitrate be enforced? Would the courts stand up the final character of arbitral…
…means of arbitration, the World Intellectual Property Organization (WIPO), a self-funding agency of the United Nations, provides neutral, non-profit dispute resolution options. The WIPO Arbitration and Mediation Center offers case…
…Hong Kong in the Queen Mary University International Arbitration Survey, this paper re-enforces Hong Kong’s status as a dynamic and leading global arbitration centre, providing thought leadership in this developing…
…of arbitration has had the expected effect of producing influential and ground breaking decisions in the field of arbitration. The Second Circuit courts have strongly supported arbitration and have consistently…
…Centre (HKIAC) is also a regional leader. As recognised by the 2014 Global Arbitration Review, Guide to Regional Arbitration, “[r]egional arbitration pretty much began with the HKIAC”, further reminding us…
…– the seat of arbitration must be in Russia, – the arbitration must be institutional, – the arbitration agreement needs to be signed by all the shareholders and the company,…
…Greek Court had announced the outcome of the trial a whole year in advance before the full text of the decision being made available. However, investment arbitration is an entirely…
Co-authored with Maria Laura Marceddu, Italian Association for Arbitration (AIA) The Public Consultations launched by the European Commission in March 2014, and the European Parliament’s recommendations to the Commission on…
