…that expressly provided for ICC arbitration in Paris. After QYP commenced court proceedings in Russia, SQD issued: (i) a request for arbitration, seeking inter alia, an order that QYP must…
…included the Arbitration Rules and Mediation Rules. The main advantage of the Adjudication Rules is that parties have a structured procedure for the resolution of their dispute through adjudication and…
…preventing the dissolution of assets and the avoidance of enforcement. Further, these Rules attempt to resolve the issue of pseudonymity, by requiring parties to arbitration to “provide details and evidence…
Subscribers to KluwerArbitration also enjoy access to the ICCA Yearbook Commercial Arbitration. Recently, the third and fourth upload of court decisions from the 2023 Yearbook went online on KluwerArbitration. The…
…of law rules in UNCITRAL’s draft provisions would direct to the lex arbitri. However, the same insolvency rules could be easily seen as rules which render the arbitration agreement invalid…
…the stricter rules provided by the Arbitration Act 1996. French family lawyers, law professors, notaries and arbitration experts have developed both in theory and practice, the application of arbitration in…
…Instead, mirroring the sentiment of 63% of arbitration practitioners in a recent survey by our firm, BCLP, on the use of AI in international arbitration, the new rules seek to…
…update on the new NAI rules (recently discussed on the Blog). The latest (yet to be published) revisions, include inter alia: a focus on cost-efficiency by introducing (i) an early…
…each respective national court. Arbitration as a Solution Arbitration could help navigate the aforementioned challenges. To illustrate arbitration’s efficacy in resolving data privacy disputes, let us consider a hypothetical…
…of international disputes. To access a detailed technical note with all the modifications to the CIAM new Rules and full text of the new Rules, please visit the CIAM’s website….
…Natália Mizrahi Lamas (Partner, FCDG Advogados, Rio de Janeiro) presented a comparison between expedited arbitration and regular arbitration in accordance with the key provisions of the ICC rules. “It is…
Evidence is the beating heart of almost every dispute, and there is no exception in international arbitration. Therefore, the ‘Evidence in International Arbitration Report’ (Report) recently released by the Australian…
…and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas. The Report outlines the current state of arbitration in the…
…for Set Aside; (2) Chilean courts are actively complying with this legal mandate; (3) Efforts to obstruct the enforcement of arbitration awards and attempts to overturn the rulings resolving the…
…NY-seated arbitration, applying NY law In the first scenario, the Licensing Agreement provided that the seat of arbitration would be New York, and that New York law would govern the…
…of his colleagues, the Chaffetz Lindsey firm, its clients, or the New York Arbitration Week Organizing Committee. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
…works like this: the state scripts arbitration directly into a concession contract, should it choose to do so. Otherwise, there is no arbitration. Arbitration is treated as a highly strategic…
As part of the 2023 New York Arbitration Week, on November 13, 2023, Chaffetz Lindsey LLP and the New York Arbitration Week Organizing Committee hosted Tales from the Hearing Room:…
…in New York and Eric Ives is an Organizing Committee Secretary of New York Arbitration Week 2023. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
…of any agreement between the parties or specific legal provisions, the arbitral tribunal has the discretion to determine the relevant rules. The only constraint is that these rules must not…
…This brought expectations for Ecuador to potentially enter into new BITs (or treaties incorporating investment protection provisions) providing for ICSID arbitration. In March 2022, Ecuador signed a Trade Association Agreement…
…that prevented Chinese arbitration institutions from accepting investor-state arbitration cases. As noted, several leading arbitration institutions in the PRC launched investment arbitration rules, i.e., SCIA Rules Article 2(2), CIETAC Rules,…
…epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“PCA”), with an Award on Competence having been rendered on July 6, 2023. This post examines…
…critical determinations: The treaty does not establish a hierarchy of forums that would apply jurisdictional requirements of the ICSID Convention system to arbitration under the UNCITRAL Arbitration Rules. The BIT’s…
