…certain type of hybrid arbitration clause, the parties place the administration of arbitration in the hands of one arbitration institution by using the rules of another institution. It is, however,…
…the claim that ISDS allows international companies to bypass national judicial systems, whereas the truth is that international arbitration is the most efficient way to handle investment disputes; Criticism 9…
…while terminating the JVA started arbitration under LCIA, London. It applied to the High Court under Section 9 of the Arbitration Act, for interim relief in support of the arbitration,…
…recognition and enforcement of the arbitration award, the economic court has changed the provisions of the foreign arbitration award about paying this sum of money ‘before its payment in entirety’”….
…submitted to arbitration in accordance with the ISDS provisions. This is consistent with Australia’s 2011 policy against ISDS. According to the draft, no other country has registered an objection to…
…partially upheld an application to set aside an award issued by an ICC International Court of Arbitration tribunal on the grounds that it incorrectly declined jurisdiction over one of the…
…objection and refers the parties to arbitration but, once the arbitration proceedings are over, the claimant party appeals to have the award annulled on the grounds that the very same…
…without undue delay in arbitration proceedings. If the arbitrator does not withdraw voluntarily, or if parties fail to agree on the termination, an aggrieved party may apply to the national…
…arbitration from the inside, as arbitration counsel and arbitrators. When we look at efficiency of arbitration, we look at arbitration from the outside, from the user’s perspective. The key is…
…party. For example, if the parties contracted that the pre-arbitration mechanism “shall” be used by the aggrieved party or that arbitration may start “only if” the pre-arbitration mechanism is employed…
…an arbitration clause null and void and arbitration proceedings can be continued Currently, once a bankruptcy is declared by the court, arbitration clauses concluded by the debtor are null and…
…analyse the possible effects of oil price changes on gas price arbitration in more detail in a forthcoming post. It is clearer than ever that owing to the size and…
…adjudication providing an interim-binding decision on a dispute when required, which dispute can still be referred on to international commercial arbitration if either party decides to do so. The Dispute…
…Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year (Art Shy v Navistar International Corporation,…
…for Invalidity, Severability or Enforceability (2014) 31 Journal of International Arbitration Issue 1, pp. 19–45) are widely used in a number of business sectors, primarily in credit and financing agreements….
…previous posts, contributors have addressed the lack of gender diversity in arbitration. One post discussed the low percentage of women arbitrators in commercial and investment arbitration as well as the…
…factor for the investor. Under the existing investment arbitration regime, laws of a state may be attractive for the investors to make their investments or otherwise, in the words of…
…negotiation, mediation, conciliation, arbitration, litigation and hybrid processes. Who will participate? All participants, including those attending physical meetings or participating in them online, will be able to express their views…
…deployed Recital 12 of EU Regulation 1215/2012 (the “Recast”) and argued that it overturned the West Tankers prohibition on intra-EU court anti-suit injunctions in support of arbitration. (Although Gazprom fell…
The UAE law on arbitration is contained in a dozen provisions in the UAE Civil Procedures Law. Whilst the law is not long, the provisions can often be overlooked by…
…validity and efficacy of the arbitration agreement. For instance, it was decided that “the law of arbitration, based on the consensual nature of the arbitration clause, does not allow to…
…did not end there. Mr F. initiated a third arbitration against Marriott on the basis of the same ICC arbitration clause, seeking damages for Marriott’s termination of the hotel management…
On the ground that arbitration is a consensual and neutral means of dispute resolution, it has been suggested that arbitrators ought to be wholly and exclusively at the service of…
…The French State [2015] EWCA Civ 333 (“the Judgment”) will make interesting reading for those concerned with the subject of arbitration. The judgment rendered covers different topics within that legal…
