…assess their words. However, there are also critical aspects, such as the limited scope of application of the Rules. They only apply to arbitrations under the UNCITRAL Arbitration Rules that…
…revealed that individuals who had served as arbitration counsel and/or arbitrator considered issues burden of proof to frequently be outcome determinative in arbitration cases. Nevertheless, those same respondents indicated that…
…updated its rules in 2012. 2. Which of the following arbitration institutions introduced revised mediation rules in 2014? A. LCIA B. ICC C. ICDR D. SIAC Answer: B and C,…
…State by which the State confers upon the agency the capacity to conclude a valid ICSID arbitration agreement and become a party to an ICSID arbitration.” (NIKO Resources, para. 325)…
…arbitral awards since 2004. These decisions were the subject-matter of the Kluwer Arbitration Blog post mentioned above. Again unsuccessful, Clorox’s subsidiaries, FBDB and STPB, filed another ICC Arbitration (“Second Arbitration”)…
…broader definition of ‘expropriation’ or ‘compensation’, or more favourable procedural conditions such as bypassing a requirement to submit disputes to local courts prior to commencing arbitration. But the question of…
…such principles and, for that matter, arbitration itself. Therefore, I believe we must reflect on the parties’ willingness to exercise their freedom to appoint the arbitrator of their preference, while…
The London Court of International Arbitration (LCIA) has recently adopted a new set of arbitration rules, which will come into effect on 1 October 2014.The new rules aim to ensure…
…that any disposable right could be the object of arbitration. But it was not until 2002 that Brazil ratified the New York Convention on the Recognition and Enforcement of Foreign…
…of Australia. Transparency of proceedings can also be enhanced, as under KAFTA which adopts detailed provisions as well as a side agreement on the new UNCITRAL Transparency Rules. The risks…
…breached the rules of natural justice contrary to s 24(b) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”). The High Court accepted this argument. It found…
…provides that “a tribunal established under this section shall decide the issues in dispute in accordance with this agreement and applicable rules of international law.” Under these sources of law,…
…arbitration could not apply to the court for interim measures under Section 9 to secure the assets or for assistance in taking evidence has now been redressed as the parties…
Enactment of a federal arbitration law has been ‘imminent’ since the United Arab Emirates acceded to the New York Convention in 2006 (the ‘Convention’). Once enacted, it is expected that…
…Comprehensive Investment Agreement and the ASEAN-Australia-New Zealand Free Trade Agreement. In any case, the debate has given rise to a premature view that Indonesia’s actions indicate a wholesale rejection of…
…disputes to arbitration? An effective arbitration agreement is an essential pre-condition to arbitration but, in spite of this, a significant percentage of arbitration clauses are pathological in some way. Whether…
The Young ICCA’s Workshop on “The Art of Persuasion” brought together, from all parts of the world, a future generation of arbitration lawyers and the reunited outgoing and incoming presidents…
Below are the answer keys to the international arbitration word search and crossword puzzle that accompanied the August 14, 2014 post Summer Arbitration Quiz 2014. The answers to the quiz…
…this concern. The recently revised arbitration rules of the LCIA – which will go into effect on 1 October 2014 – provide that the law of the arbitration clause will…
…following institutions did NOT introduce revised arbitration rules in 2014? A. LCIA B. ICC C. ICDR D. WIPO 2. Which of the following arbitration institutions introduced revised mediation rules in…
…question of whether issues arising and decided in an arbitration should be treated as settled in subsequent court proceedings brought by a non-party to the arbitration. The factual and procedural…
…a state court before the award was rendered due to his conduct during the proceedings. Thereafter, the claimant in the arbitration filed a claim in state court (Commercial Court Vienna)…
…response was a bit alarming, at least from an arbitration perspective. The Court of Appeals of the Mato Grosso do Sul state recently upheld an anti-arbitration injunction requested by Petroplus…
…the tribunal rendered a Partial Consent Award recording that- “…the juridical seat (or legal place) of arbitration for the purposes of arbitration initiated under the Claimants’ Notice of Arbitration… shall…
