…IMI survey will be discussed and developed further at the October 29, 2014 convention in London on Shaping International Dispute Resolution. University of Missouri Survey of Dispute Stakeholders The second…
…purpose of applying the doctrine of res judicata[.]” Applying NAFTA Article 1131(1), the rules of international law and the UNCITRAL Arbitration Rules, the Tribunal concludes that the Apotex I &…
…or worse, its contribution to the international jurisprudence in this area is arguably limited insofar as the tribunal was relying on the Libyan Civil Code provisions on moral damages in…
…of “emergency arbitrator” provisions. The proposed amendments suggest that the definition of arbitrator shall include emergency arbitrator where the arbitration is conducted under the rules providing for emergency arbitration. This…
…Set Aside On 30 September 2008, an arbitration tribunal under the auspices of the Thai Arbitration Institute ruled in favour of Hopewell and ordered the MoT and SRT to pay…
and Laura Lozano, González-Bueno & Asociados It is known that third party funding has become one of the hot topics in the international arbitration arena. Indeed, it is not the…
…the arbitration. The Court found on the facts, however, that Royal Jordanian did and continued to do all that was necessary to conduct the arbitration. It held that Royal Jordanian’s…
…international arbitration agreements on the jurisdiction of domestic courts, and the legal effectiveness of arbitration clauses inserted in consumer contracts. But cracks started appearing in a 2011 consumer arbitration case,…
…alia between Rakesh and other members of the Malhotra family. The SSD also provided for arbitration under the LCIA Arbitration Rules. After a while the members of the Malhotra family…
…when circumstances require them to adopt emergency measures such as bailout provisions. Germany also opines that, in any event, domestic legal systems in Europe currently provide sufficient protection for US…
…Rules of Arbitration will need to compare favourably to the sets of rules that are presently on offer in other internationally leading maritime arbitration centres, including in particular London and…
…a period of several months. Three members were eventually appointed, but no Dispute Adjudication Agreement was ever executed. Ultimately, in 2013, the Contractor initiated arbitration under the ICC Rules. The…
…Rules both provide for hearings to be conducted “in camera.” Based on those reasons, the tribunal declined to permit representatives of the United States to attend the hearing on jurisdiction….
…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…
…relevant provisions of the New York Convention prior to Brazil ratifying the New York Convention in 2002 (Decreto Legislativo no. 4.311). However, while neither the Brazilian Arbitration Act nor the…
…of lois de police, namely rules that proclaim themselves applicable to all situations within their purview, outside the operation of rules of conflict of laws. This, however, is not to…
…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…
…And states have invested much effort in negotiating common rules for international arbitration. We know them as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…
…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…
