…pending arbitration proceedings shall be discontinued.” In other words, these articles govern not only validity of the arbitration clause, but further effects of bankruptcy on pending arbitration as well. Both…
…duty of arbitration, intentionally runs counter to facts and laws and twists the law when making a ruling in arbitration, if the circumstances are serious, he shall be sentenced to…
…expectations, which is most often the topic of intensive debate in the investment treaty arbitration arena, is the analysis of the extent to which representations of the host State are…
The Vienna International Arbitration Centre turns 40 today. VIAC was created four decades ago to serve the needs of users engaged in commerce between East and West countries. Parties were…
…will. This is a point on which arbitration clearly loses the edge compared to arbitration. However, some major arbitration rules, e.g. ICC Rules, have express provisions on joinder/consolidation so this…
…arbitration (“the country where the arbitration [takes] place”) will govern the procedure of arbitration. Unfortunately, the first legislation dealing with foreign arbitration after China’s accession to the NYC, the CPL…
The Report from the inquiry of the Australian Senate’s Foreign Affairs, Defence and Trade References Committee into Australian treaty-making practices comes at a time when increasing pressure is being placed…
We are delighted to announce that Wolters Kluwer’s 2nd arbitration event, Kluwer Arbitration London, is now open for registration. The half-day (morning) event, taking pace at the Hotel Novotel London…
…modern world of highly mobile financial resources it may be essential for an arbitration creditor to be in a position to levy execution on an arbitration debtor’s assets introduced into…
…dispute which has arisen, or may arise, to arbitration, the State is not immune as respects proceedings in the courts in Singapore which relate to the arbitration.” State-owned enterprises in…
…claimant was a locally incorporated company controlled by two layers of shell companies incorporated in the United Arab Emirates and ultimately (majority-)controlled by an Egyptian-Canadian dual national. The arbitration being…
Background At the end of June 2015, the London Court of International Arbitration issued three new guidance notes to accompany its 2014 arbitration rules. The guidance notes, entitled: “Notes for…
…be decided by the courts while the remainder of the arbitration is either ongoing or stayed. In all other cases, the arbitration is for all practical terms concluded. When an…
…an International Chamber of Commerce (ICC) arbitration award issued in Paris, France, on 6 May 2014 (the “Enforcement Order”), with reasons to follow. In the terms of the application (see…
…efficient use of energy, discovering affordable and renewable energy, alleviation of energy poverty, environmental protection and sustainable development of fossil fuels. Such sustainability mantra applies to all aspects of energy…
…under which disputes were to be referred to ICC arbitration seated in London. Arbitration proceedings had not yet commenced. The application was made under Section 44 of the Arbitration Act…
…arbitration clause for settlement of disputes by a three member Tribunal seated in Germany. In 2010, when disputes arose between the parties, the matter was referred to ad-hoc arbitration in…
…achievement, i.e., just how fast an arbitration can ultimately be conducted. Naturally, as many have pointed out, the tools already exist to make proceedings ever more efficient, such as accelerated,…
…with Taiwan’s arbitration laws. These include arbitral awards, settlement agreements and mediated settlement agreements reached during arbitration proceedings“. The New Provisions also address controversial issues arising from the wording of…
…this duty has no basis in either the BIT or in general international law. However, general principles of law are used more often in investment arbitration as investment protection. In…
…arbitration rules granting the arbitrators broad competence-competence. ——— *Francis Hornyold-Strickland is an associate in the litigation and controversy department, and a member of the international arbitration practice group. Mr Hornyold-Strickland…
…of the Draft Laws. Dualism in the regulation of international and domestic arbitration remains Russian arbitration legislation is characterized by differentiation between the regulation of international and domestic arbitration. Arbitration…
…uncertainty and contradictory case law that abounded in this field. Background Article 31 of the Ecuadorian Arbitration and Mediation Law (AML) states that an arbitral award can only be challenged…
…move in restoring confidence in the PRC arbitration system. Which arbitration tribunal has jurisdiction? The Notice draws a distinction between arbitration agreements entered into prior to the Split and those…
