…arbitration proceeding is considered progress with respect to the efficiency of the arbitration process. Consolidation is a procedural mechanism allowing for two or more claims to be united into one…
…of consent of the parties to arbitration as a means of dispute resolution, an issue that often arises in sports arbitration in the context of arbitration agreements included by reference….
…please do share your experience. You will contribute to the knowledge-building of the worldwide arbitration community. An analysis of the results will be published in a special post coming soon….
…pay a prior cash call. The tribunal in that arbitration determined against RSM and the question in the 2013 arbitration turned on whether RSM was in prior default as a…
By Peter Godwin, Elaine Wong and James Allsop, Hebert Smith Freehills The Japan Commercial Arbitration Association (“JCAA”) has introduced an amended version of its Commercial Arbitration Rules (the “New Rules”)….
…in connection with potential laws that govern an arbitration agreement. The impugned arbitration agreement contained the following clause: 18. DISPUTES AND ARBITRATION 18.1 * * * 18.2 * * *…
Defective arbitration clauses are certainly uncommon, but do appear on a recurring basis in domestic and international arbitration practice. Many practitioners can go their entire professional lives without seeing any,…
…binding arbitration agreement. In this case, the Tribunal found that the offers of arbitration in the UK-Bolivia and the US-Bolivia BITs did not contain any restrictions or conditions that would…
…Lévy, Anti-suit injunctions issued by arbitrators, in Anti-suit injunctions in international arbitration, (Gaillard, Ed.) IAI Series on International Arbitration, vol. 2 (2005); Scherer/Jahnel, Anti-suits and Anti-arbitration injunctions in International Arbitration,…
As announced in my earlier post we will interview Gary Born at the occasion of his new edition of International Commercial Arbitration. This second edition is an authoritative 4,500 page…
…to technology in arbitration. The “ICC Techniques for Controlling Time and Costs in Arbitration” include a recommendation to consider minimizing the creation of hard copies (ICC Publication 843, 2007, revised…
…F. App’x 31 (5th Cir. 2009). There, the Fifth Circuit held foreign arbitration panels are not “foreign or international tribunals” under § 1782, affirming its pre-Intel decision Rep. of Kazakhstan…
…parties had consented to arbitration. Nevertheless, the tribunal noted that “[w]henever a BIT includes a denial of benefits clause, the consent by the host State to arbitration itself is conditional…
and Oleg Temnikov “Put forth your best” by Bill Clennan The contest lasts for moments Though the training’d taken years. It wasn’t winning alone that was worth the work and…
…its International Arbitration Act 1974 (Cth) (IAA) (the statute governing international arbitration in Australia) to give effect to the Washington Convention, affording jurisdiction to the International Centre for the Settlement…
…that the impugned arbitration clause was “wide enough to bring this dispute within the scope of arbitration”. This point seems to imply that a literal interpretation of arbitration agreements will…
…while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law instruments). A recently published empirical…
…case, their absence). Given the notorious difficulty in dealing with corruption issues in arbitration, this approach can be a useful guidance for future cases. Inferring corruption from circumstantial evidence It…
…Hong Kong International Arbitration Centre (“HKIAC”) and the Singapore International Arbitration Centre (“SIAC”) – adopt new rules and new governance structures. Such changes correspond with recent updates to arbitration laws…
…used less frequently, with 27 of the cases at the SCC and only 8 with the ICC. The expectations on the UNCITRAL Arbitration Rules in investment arbitration remain high, due…
…correspondingly to introduce BIT arbitration. Unlike espousal, investor-State arbitration concentrates risk and control in the dispute’s real parties in interest. It is also a system that has generated such richness…
…familiar with recurring problems. This is particularly true as courts adopt “pro-arbitration” policies towards enforcement of arbitration clauses and arbitration awards. Finally, driven by the increasingly keen competition among jurisdictions…
…in arbitration. Although BG Group commenced arbitration without first attempting recourse in the Argentinian courts, the arbitral tribunal held BG Group’s claim to be admissible because Argentina had by its…
…case, the employee will only be subject to the arbitration proceedings if he/she is the one requesting the arbitration or, where the employer is the one initiating the arbitration, if…
