…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
…arbitration in New Delhi. According to the respondent, the claimant was bound by the arbitration clause due to its close connections with IPH and L. The regional court considered the…
…preliminary injunction preventing a defendant from disposing of assets pending the resolution of the underlying substantive (arbitration or court) proceedings. Its issue in support of an arbitration proceeding significantly impacts…
…when the new arbitration law entered into force. The Court ruled that, nevertheless, the “manifest” criterion must be applied when reviewing arbitral awards under the current German arbitration law. To…
…Arbitration, Beechey recently kicked off a Paris conference held to launch the ICC’s Guide for In-House Counsel and Party Representatives to Effective Management of Arbitration by directing some frank words…
…is not new at all. In fact, a simple historical research will show us that this is an old mechanism in the common law arbitration setting. The English Arbitration Act…
…International Arbitration Lecture, Arbitration International 29, 327, 340, (LCIA 2013) (stressing that investor-state arbitration is a “different animal” than international commercial arbitration, not only because it involves sovereign states and…
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
…Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitration (“ICC Rules”) require parties and arbitrators to conduct cases in a…
…English Arbitration Act (“EAA”).4)Section 2(1) of the English Arbitration Act provides that the provisions of Part 1 of the Act are to apply where the seat of the arbitration is…
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
…of the ICDR, even where parties have specified arbitration under the AAA’s arbitration rules. New expedited rules from the ICDR, for those who need to get to a result sooner…
…foreign arbitration institution is allowed to conduct arbitration in China. Since both parties selected Shanghai as the seat of arbitration, the arbitration shall be classified as a domestic arbitration, which…
…Article IV of the New York Convention, which it replicates almost exactly) take an expansive and purposive approach. Courts in the UK have long adopted a decidedly pro-arbitration stance. As…
…wanted to remind anyone who has not yet had a chance to fill out the survey that we will be closing the survey to new responses on July 13, 2014….
…trend in ICSID arbitration. A glance to the economy of the new players could further explain this new trend. As it is well known, Europe is currently facing an economical…
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
…or to conduct any further arbitration activities in the names of CIETAC Shanghai and CIETAC Shenzhen. The new FTZ Rules – a preferred option? The FTZ Arbitration Rules (the “FTZ…
…commercial arbitration which have arisen in response to the field’s changing landscape. In this new landscape, practitioners are confronting new and pressing questions regarding the economics, demographics, and politics of…
…interesting aspects of White Industries, and their implications, in a digestible manner. Background White Industries arose from a commercial arbitration under the ICC Rules which resulted in an ITA under…
…satisfy the definition of ‘commercial men’ for the purpose of the arbitration clause. His Honour commented further that: In effect, Gujarat continued to participate in the arbitration for some time…
…procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as the implications of the above…
…basis for the state’s economic, political and legal systems.” (Vasily Kuznetsov, Russia, The European Middle Eastern and African Arbitration Review (GAR 2014), at 123.) In Ukraine, public policy is broadly…
