…in relation to future set-aside applications – particularly in relation to infra petita and ultra petita challenges in complex, multi-party arbitrations. Background: the Arbitration Proceedings and Award The arbitration arose…
…G. Henriques, a Portuguese arbitration expert based in Lisbon, criticized this step, arguing that the IBA Guidelines were inapposite when imposed on the small, intimate arbitration community in Portugal, where…
…The Commission’s Review draws heavily upon recent data released by UNCTAD covering trends in investment treaty arbitration. Indeed, the Commission observes that its concerns over ISDS provisions “are heightened by…
…arbitration more generally. The system of international arbitration as we know it is under threat. Accordingly, it is critical that the LCIA, together with other arbitral institutions, engage in the…
Non-payment of the share of an advance on costs in arbitration has consequences on an arbitration agreement, arbitration proceedings and a possibility for the parties to have recourse to courts….
Third-party funding is a controversial, dynamic, and evolving phenomenon in international arbitration. Proponents and opponents of third-party funding debate whether the practice will make a positive or negative impact on…
…often been resolved through arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce or in other European arbitration centres. This trend appears to be changing. For disputes…
…(Istrokapital SE) filed an international arbitration claim against Greece for the Private Sector Involvement Program (PSI), invoking the claim that Greece adopted measures in breach of international treaties, depriving the…
…increasing numbers of commercial actors coming out of the Arab World and with regional arbitration centers being established in many Arab states, large numbers of international arbitration cases are now…
…initiative of filing for arbitration or expressly agreed with its filing; and (iii) labor contracts, which provided for the possibility of establishing an arbitration clause only in a narrow situation:…
…primary motor behind the growth of international arbitration, and the USA itself today has a robust international arbitration practice. Objections to the New York Convention in 1958 were based on…
…the arbitration community, and were recently touched on by Professor Emmanuel Gaillard’s discussion of the “Sociology of Arbitration” during the 29th annual Freshfields Arbitration Lecture. Two panels of the ITA…
…results of the “2010 International Arbitration Survey: Choices in International Arbitration” conducted by the Queen Mary School of Arbitration (link)). Given section 69 is approaching its twentieth birthday and England…
…pronounced in an international arbitration proceeding shall have the same effects and shall be enforced in the same manner as awards issued in a local arbitration proceeding,” which, pursuant to…
…for Transnational Arbitration (ITA). The debate saw leading practitioners going head-to-head on the pros and cons of some of arbitration’s most “recent developments and ‘innovations’”. Batting for Team 1 was…
Thanks to the Kluwer Arbitration Blog editors for this chance to weigh in on the ISDS debate. I have been a frequent critic of the existing ISDS system, but I…
On 27 July 2015 the Bill amending to the Brazilian Arbitration Law will come into force, introducing significant changes in the arbitration legal framework, which, according to the stated purpose…
…be ‘null and void’ and ‘inoperative’ within the meaning of s.9(4) of the Arbitration Act, in so far as it purported to require the submission to arbitration of ‘questions pertaining…
…State-State dispute; (b) it is highly doubtful that there is binding consent to arbitration – certainly not in the Mozambique CFIA; and (c) there are no further provisions on the…
…with by way of a final award. B. 2011 Arbitration and related appeal proceedings In 2011, CRW returned to arbitration, seeking two awards; first, an interim or partial award permitting…
No doubt that the last three years have been quite busy for the Energy Charter Treaty (ECT) and for the Energy Charter Conference. The number of investor-state arbitration cases under…
…Second Circuit is now pending. Chevron is also pursuing relief against the Ecuadorian State through international arbitration for denial of justice during the Lago Agrio litigation. In 2009, Chevron brought…
…was provided for in the arbitration agreement. To ensure that parties cover off all of their concerns, a set of arbitration rules should ideally be incorporated into the arbitration clause….
The National Commercial Arbitration Centre of the Kingdom of Cambodia (“NCAC”) was conceived in 2006, when Cambodia’s Commercial Arbitration Law entered into force. The initiative to create the centre surfaced…
