…be decided by the courts while the remainder of the arbitration is either ongoing or stayed. In all other cases, the arbitration is for all practical terms concluded. When an…
…an International Chamber of Commerce (ICC) arbitration award issued in Paris, France, on 6 May 2014 (the “Enforcement Order”), with reasons to follow. In the terms of the application (see…
…investment (including exploration, development and exploitation), trade and transit. Thus the new Charter may prove in due course to be a harbinger of a new international energy legal order loaded…
…increasing prevalence of emergency arbitrator provisions in the institutional rules (including the 2014 LCIA Rules, the 2012 ICC Rules, the 2010 SCC Rules, the 2012 Swiss Rules, the 2013 SIAC…
…arbitration clause for settlement of disputes by a three member Tribunal seated in Germany. In 2010, when disputes arose between the parties, the matter was referred to ad-hoc arbitration in…
…point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take turns riding the…
…the New Provisions, applicants can apply for recognition and enforcement concurrently; or they can first apply for recognition, and then apply for enforcement after they have obtained the court’s ruling…
…principle of international law, which in different forms permeates the entirety of international legal order and process. It is considered one of the basic principles governing the creation and performance…
…English law give to an arbitrator’s determination on the scope of his/her own jurisdiction under institutional arbitration rules, like the LCIA Rules. In relation to the scope of the word…
…devise a new arbitration law. This call re-affirmed the Russian Arbitration Reform which was started in 2011 by the Ministry of Justice of the Russian Federation, and which was supposed…
…took the hero about ten years to complete his journey. This history is full of unexpected events, sudden changes and new obstacles that Odysseus must overcome in order to reach…
…move in restoring confidence in the PRC arbitration system. Which arbitration tribunal has jurisdiction? The Notice draws a distinction between arbitration agreements entered into prior to the Split and those…
…Y2, ruling of the DIFC Court of First Instance, undated, 2014, and my previous blog). By way of reminder, the DIFC as host or conduit jurisdiction allows an international award…
…co-operation between buyers and sellers and we anticipate that any new disputes referred to arbitration will, especially given the amounts normally in dispute, be hard-fought. Advance preparation – legal and…
…made, that choice was irrevocable. The New Foreign Investment Act will enter into force on January 1, 2016 or after the issuance of certain rules that will regulate the operations…
…after the 2012 Edition of the CIETAC Arbitration Rules came into force. The causal factor appeared to be new provisions changing the way in which CIETAC dealt with requests for…
…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…
…neither the 1998 ICC Rules, nor the French arbitration law provide for the arbitrator or the ICC to keep the receipts of the notifications addressed to the parties, (iii) the…
…when ruling on their own jurisdiction. No one-size-fits-all approach with a view to arbitration clauses Yet, there are good reasons for national courts not to apply a one-size-fits-all approach with…
…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…
…“arbitral tribunal” to include an emergency arbitrator without qualifications would subject emergency arbitrators to provisions that should apply only to arbitrators, such as provisions regarding the procedure for constituting a…
…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…
…of Ukraine by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of the present…
