…foreign arbitration institution is allowed to conduct arbitration in China. Since both parties selected Shanghai as the seat of arbitration, the arbitration shall be classified as a domestic arbitration, which…
…it” and “the original arbitration agreement or a duly certified copy of it”. What constitutes “certification” for these purposes both in the context of the 1996 Act and the New…
Thank you to everyone who has participated in our Survey on the Enforcement of International Arbitration Awards in China. We have been gratified at the strong number of responses. We…
…this regard, only 3 requests for arbitration have been filed against Latin American countries while 8 have been filed against European countries and 4 against African countries in the current…
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
…Shanghai International Economic and Trade Arbitration Commission (also known as the Shanghai International Arbitration Centre) (“SHIAC”) has facilitated the resolution of FTZ-related disputes in a commercially attractive manner by establishing…
…arbitration continues to grow rapidly. Instead, each of these events is an example of how complicated the adoption of international arbitration continues to be in Latin America and the broader…
and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law for Young Arbitration Practitioners It has been some time since the White Industries…
…satisfy the definition of ‘commercial men’ for the purpose of the arbitration clause. His Honour commented further that: In effect, Gujarat continued to participate in the arbitration for some time…
…procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as the implications of the above…
…business and international arbitration. While we have not yet reached the point where CEE countries have recognized the validity of an arbitration agreement concluded via Twitter, the Polish Supreme Court…
…Emirate. There is no separate arbitration law in the UAE and instead rules relating to arbitration are contained with the UAE Civil Procedure Code (UAE Federal Law No 11 of…
…stay after assessing whether or not the issue in the arbitration impinges on a “core bankruptcy right.” Ms. Gorskie observed that given the U.S.’s fundamental policy in favor of arbitration,…
One of the defining and distinguishing features of arbitration is the privacy that it affords parties. However, as all practitioners recognize, arbitration is rarely conducted in full secrecy and applications…
…brought such actions on a number of theories. Often, the action is premised on an explicit or implicit treaty obligation to comply with and enforce arbitration awards. Parties have also…
…tribunals to resolve public-private disputes and more generally the democratic legitimacy of arbitration as a dispute settlement mechanism. Some claimed that the disputes between public and private actors are typically…
…are not purely identical. Adopting a pure litigation mind set in international arbitration proceedings can be fatal and risks backfiring. All too often, counsel treat international arbitration as ‘litigation-lite’, which…
…governed by a contract that contains an arbitration agreement with typical wording. Overlooking the arbitration agreement, the state court asserts jurisdiction and issues a judgment ordering Party B to pay…
An English court recently ruled on important questions relating to arbitration due process. In Interprods Ltd v De La Rue International Ltd, [2014] EWHC 68 (Comm), the Queen’s Bench Division…
In keeping with our tradition of surveying readers on key developments in international arbitration, we invite readers with experience in mainland China to fill out our survey on the enforcement…
…of secretarial services to arbitral tribunals that the Permanent Court of Arbitration (PCA) has risen from a peripheral and dormant institution to a bourgeoning powerhouse of investment and state-to-state arbitration….
…Instance of the Dubai International Financial Centre (DIFC) confirmed that it is competent to hear applications for the recognition of domestic and foreign arbitration awards within the DIFC without the…
Between February and March 2014, the Survey on the Use of Soft Law Instruments in International Arbitration was open for responses here at Kluwer Arbitration Blog. The users were asked…
