…with the DIFC Courts’ wide jurisdiction under DIFC Law No. 1 of 2008 as amended (the “DIFC Arbitration Law”) (see Case ARB 001/2014 – (1) X1 (2) X2 v. (1)…
…a number of years been the subject of lively discussion in energy and arbitration circles. As participants at the GAR Live Energy Disputes event (held at Clyde & Co’s London…
On of the most important developments this year in Latin America is the Chilean Act N°20.848, which sets forth a new framework for foreign investment in Chile (hereinafter, the “…
…considering commencing arbitration proceedings in connection with an affected arbitration agreement, the key date for consideration is when the relevant sub-commission changed its name. If the arbitration agreement were concluded…
…way of arbitration. While these comments are specific to the future of international arbitration in the investor-state context, many of the concerns underlying those comments apply equally to international commercial…
…loan agreements executed with Yukos Oil’s (now liquidated) former subsidiaries (including Tomskneft), which were later acquired by the Russian State oil company Rosneft (“Rosneft”). In 2006-2007, in different arbitration proceedings,…
…when it comes to arbitration clauses. Such an approach would undermine established international practice to accept concurring claims based on tort under broadly phrased arbitration agreements. For example, under German…
…to arbitration. The Permanent Court of Arbitration (“PCA”) was to act as a Registry, and under Article 6(2) of the Arbitration Agreement the PCA Optional Rules for Arbitrating Disputes between…
The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India into a global…
…Companies”) to enforce an emergency arbitrator award rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules”) against Ukraine. Apart from being the…
…challenge under the Arbitration Law (which match the terms of the New York Convention). But the Courts of the seat of the arbitration were the Courts of Dubai. It is…
…commercial arbitration, since earlier reference to arbitration in the law provision was excluded. Ukrainian courts on different levels continuously face this issue. However, in case VAMED Engineering GmbH & CO…
…arbitration, the Report expresses a view that permanent or standing institutions may be better able to deliver the identified goals of reform. Specifically, it envisages that permanent institutions may be…
…of 2008 as amended (the “DIFC Arbitration Law”) in relation to the recognition and enforcement of foreign awards before the DIFC Courts to the Union Supreme Court of the United…
…arbitrators authorised to hear investment arbitration disputes and (ii) to operate as an appellate court for investment arbitration awards, as well as a forum for setting aside such awards. The…
…Superannuation Scheme, Ltd argues that the arbitration clause in Petrobras’ bylaws is not binding: “Neither Petrobras shareholders nor ADS holders have ever expressly consented to an arbitration proceeding”. The company,…
Given the existence of thousands of international investment agreements, the international investment law regime has been described as “complex and confusing,” “highly fragmented,” and “characterised by overlaps and incoherence”. Two…
…terms: (i) The invalidity of the arbitration agreement (Art. 44(1)(a)(i)) – Meydan had never advanced any arguments as to the invalidity of the arbitration agreement: Meydan’s argument of invalidity in…
…the dispute and (iii) the amicus curiae has a significant interest in the arbitration. There is one notable addition – the extent to which the arbitration is a matter of…
…extent to which the SICC would ‘eat into’ Singapore’s bustling international arbitration market. These concerns are, however, misconceived. The SICC’s value may lie in it exercising curial review of arbitration-related…
…judgment creditor …, be referred to arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre” (my emphasis). Equally, the suggested wording of the DIFC-LCIA arbitration clause contained in the…
International arbitration has been widely recognized as an efficient process for resolving State-to-State disputes. Factors such as procedural flexibility and party autonomy, which contribute to general appeal of international arbitration,…
…court proceedings in breach of an arbitration clause. This is reportedly the first time such an anti-suit injunction has been granted in Hong Kong to restrain foreign proceedings. Legal background…
As mentioned in a prior entry (Brussels’ Sanctions Against Russia and Moscow’s Retaliatory Measures Through the Eyes of the Arbitrator), under certain conditions, arbitrators have the authority to give effect…
