The Scrutiny of an Award: The Bulgarian Arbitral Institutions’ Perspective
…their rules. One notable exception is Art. 37, Para. 4 of the Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (Court of Arbitration at…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Peculiar Case of Arbitration in Bosnia and Herzegovina
…arbitration system, which will require the recognition of arbitration as an important segment of BiH’s legal system, and result in a joint action from governmental bodies, business, and legal community….
Eleven Months without Jurisdiction to Decide on the Invalidity of a Contract
…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…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Ex Aequo Et Bono
Back To The Roots of Arbitration
…Arbitration Rules allow the Arbitrator to decide ex aequo et bono unless he or she finds it more appropriate to apply the law most closely connected to the dispute. The…
Does The New Amparo Law Threatens Arbitration In Mexico?
The New Amparo Law in Mexico introduced a revised concept of “responsible authority”, under which arbitrators might be considered as authorities for amparo claim purposes. Such new concept poses some…
The Use of Alternative Dispute Resolution in Art Related Disputes
…administration services and provides for different ADR procedures, including mediation, arbitration and expert determination. The WIPO Arbitration Rules are particularly adapted to intellectual property related disputes and are generally regarded…
Hong Kong Law Reform Commission releases Consultation Paper on Third Party Funding in Arbitration
…the Law Reform Commission? The recommendations of the Consultation Paper are as follows: 1. The Arbitration Ordinance (the law that provides the legal framework for arbitration in Hong Kong) should…
Launch of Young International Arbitration Practitioners of New York
In September 2015, the Young International Arbitration Practitioners of New York (YIAP-NY) was officially launched. Initiated by the International Arbitration Group at Herbert Smith Freehills New York LLP, YIAP-NY’s membership…
Arbitration, Arbitration Proceedings, Asia, Costs, Costs in arbitral proceedings, Enforcement, HKIAC Rules, International arbitration, Russia
Russian Interest in Asia: Dispute Resolution Beyond the Sanctions
…the provisions of the Hong Kong Arbitration Ordinance, the HKIAC Rules’ provisions on confidentiality are some of the most comprehensive in the world, providing significant protection for parties by default….
Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized
The Reform of the Russian Arbitration Law: The Arbitrability of Corporate Disputes
…dispute to an ad hoc arbitration tribunal. Some Russian BITs favor ad hoc arbitration set up under the UNCITRAL Rules (France, India), or even without designating any applicable rules (Germany,…
Digging Up the Past: Can Greece Handle Another PSI Challenge?
…case. While it may find it expensive to defend (Greece spent in excess of €4,650,000 in legal fees, with the arbitration cost adding US$300,000 defending against Poštová) it cannot afford…
Is the European Commission Issuing a Dismissal Letter to Arbitrators?
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…
Arbitration, Arbitration Proceedings, Arbitrator's Fees, Set aside an arbitral award, Set aside an international arbitral award, Sweden
Time to Upgrade: Review of the Swedish Arbitration Act
…by the parties should apply, and in the absence of party agreement, the tribunal should determine the applicable substantive law taking into account the legal rules to which the dispute…
Competition Between Arbitral Institutions in China – Fighting for a Better System?
…CIETAC amended its Arbitration Rules in 2012. The Arbitration Rules of 2012, which took effect on 1 May 2012 (the 2012 Rules), replaced those of 2005 (the 2005 Rules). Article…
The Contents of Journal of International Arbitration, Volume 32, Issue 5, 2015
…Expectations as a General Principle of International Law? BOOK REVIEWS Kate DAVIES, Book Review – Arbitrating under the 2014 LCIA Rules: A User’s Guide, by Maxi Scherer, Lisa Richman &…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part II
…or perhaps it was evident to the tribunal that it had jurisdiction over the counterclaims because the arbitration clauses in the participation contracts provide for ICSID arbitration over “any technical…
Bitten by the BITs, India looks to constrict its Model BIT
…Treaty (“Model BIT”) for comments. The finalized draft shall be used to negotiate any new BIT entered into by the Government, including the much anticipated US-India BIT. In addition, it…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part I
…UNCITRAL Rules of Arbitration are also illustrative on the second jurisdictional prong. In Saluka v. Czech Republic (UNCITRAL, Decision on Jurisdiction over the Czech Republic’s Counterclaim, 7 May 2004), the…
Arbitration, Arbitration institution, Arbitrator Intelligence, International arbitration, Surveys, Uncategorized
Survey Says: Institutions Could Do A Lot To Improve
Respondents want arbitration institutions to be less opaque The 2015 International Arbitration Survey is out. Subtitled “Improvements and Innovations in International Arbitration,” the most recent effort by Queen Mary /…
Ask an Author
Registration is now CLOSED for Kluwer Arbitration London 2015, but with less than a week to go, I would like to offer all Blog readers an opportunity to submit a…
Canada, ICSID Arbitration, ICSID Convention, Italy, Nationality requirement in arbitration clauses, UNCITRAL, Venezuela
Treaty Claims by Dual Nationals: A New Frontier?
…by their own nationals in an international arbitral forum (the Spain-Venezuela BIT provided for UNCITRAL arbitration if arbitration under the ICSID Convention and under the Additional Facility Rules were unavailable,…
Has Brazil Fully Embraced the Provisions of the New York Convention of 1958? Is it an Arbitration-Friendly Jurisdiction?
…contract and the arbitration agreement; (c) the arbitration rules; (d) proof of the arbitral tribunal’s jurisdiction; (e) proof that the award is final – plaintiff would be well advised to…
It’s Asia, Stupid! The Race Between the EU and the US for Concluding Free Trade Agreements in Asia
…Kong International Arbitration Center (HKIAC) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA) have significantly increased. Accordingly, it is fairly safe to expect that investment treaty arbitration will continue…
The Challenge of Sanctions for Arbitral Participants
…As noted in the recent joint article issued by the ICC, LCIA and SCC on the potential impact of the EU sanctions against Russia on international arbitration administered by EU-based…