ITA-ASIL 2014: Mass and Class Claims in Arbitration
…use of mass and class claims in arbitration. Mass Claims in Investment Arbitration – A Favorable View In her keynote speech, Carolyn B. Lamm of White & Case LLP discussed…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
2014 ITA Arbitral Award Enforcement Survey
As part of the 26th Annual ITA Workshop taking place in Dallas on June 18-20 2014, we have prepared a survey on the experiences of arbitration practitioners with enforceability of…
Using Investment Arbitration to Enforce WTO Commitments
…using trade remedies to enforce investment arbitration awards. Another key example of convergence addresses the emerging trend of relying on investment arbitration to enforce international trade rights. As discussed in…
Would Reference to the Decisions of Investment Treaty Tribunals be of Assistance in the Interpretation of Political Risk Insurance Policies?
…to investment treaty arbitration is the sole remedy for a seemingly wronged investor. This is incorrect. While it is true that recompense for a State’s breach of its treaty obligations…
Corruption, Fraud, Investment Arbitration, Jurisdiction, Public Policy, Vienna Convention on the Law of Treaties
ICCA 2014: Pleading and Proof of Fraud and Comparable Forms of Abuse
…would seriously challenge the proposition that investor wrongdoing is a systemic threat to international investment arbitration. But what constitutes investor wrongdoing? What are the standards that govern pleading and proving…
Arbitral Tribunal, Costs, Costs in arbitral proceedings, IBA Guidelines on Party Representation, Sanctions
Arbitral tribunals’ decisions on costs sanctioning the parties for counsel behavior: A phenomenon expected to increase?
…faith” on the parties’ side in the conduct of the arbitration proceedings. Art. 15(7) Swiss International Arbitration Rules provides that “[a]ll participants in the arbitral proceedings shall act in good…
A Halftone Application of the New York Convention by the Qatari Supreme Court
…the ICC arbitration law (ICC arbitration law was mentioned erroneously instead of ICC arbitration rules), that according to articles I and II (article II was mentioned erroneously instead of article…
Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” Within the Portuguese Jurisdiction
…the Portuguese arbitration legal setting provides for sufficient backup provisions, notably as far as the default appointing authority is concerned (according to the Portuguese Arbitration Act of 2011, the President…
ICCA 2014. Have We Made Progress? What Remains To Be Done?
…explained, that the old rules no longer apply. International arbitration is truly global and has experienced exponential growth. We must have “common” ethical standards so that the users and practitioners…
ICCA 2014. What Do Users Really Think About Document Exchanges And Interim Measures?
…in international arbitration proceedings? These questions were tackled during a breakout session titled Arbitral Legitimacy: The User’s and Judge’s Perspectives at the ICCA Miami 2014 Congress, on Tuesday, 8 April….
ICCA 2014. Plenary Session of 8 April: Spotlight on International Arbitration in Miami and the United States
…Institute for International Arbitration 3. Class Actions in Arbitration / New York and Other U.S. Arbitration Venues The third presentation was given by Rachel Kent (Washington, D.C.), and the focus…
ICCA 2014. How to Avoid Cold Sweat and Have Sweet Dreams
…apply to both the words “contract” and “arbitration agreement”? The Fifth Circuit Court of Appeals held that it applied only to an “arbitration agreement” (See Sphere Drake Ins. PLC v….
ICCA 2014. Document Production and Interim Measures — Much Yet to Be Accomplished to Maintain Viability and Efficacy of International Arbitration
ICCA 2014’s second break-out session of Monday, 7 April, tackled the challenging issues surrounding document production and interim measures in international arbitration. The discussion was informative and the audience participated…
ICCA 2014. Arbitral Institutions Are Expanding, But Are They Missing the Point?
…the growth and array of conferences and the aggressively rising costs to attend. Institutions have also moved strongly into new markets, following the new disputes that will certainly arise. But…
Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
Piloting Arbitrator Intelligence
On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To…
ICCA 2014. Does “Male, Pale, and Stale” Threaten the Legitimacy of International Arbitration? Perhaps, but There’s No Clear Path to Change
…Whether this reality threatens the legitimacy of international arbitration and motivates the community to aspire to make arbitration more diverse and inclusive and, if so, how that goal can be…
ICCA 2014. Standard of Proof: A Plea for Precision or an Unnecessary Remedy?
…arbitration practitioner. The international arbitration system is a hybrid process formed by a delicate balance between different legal cultures and systems. The system has done extremely well in ensuring that…
ICCA 2014. Linklaters Kicks Off Breakfast Seminar With A Survey Of Emerging Markets
…on the United Arab Emirates and Qatar, which he described as two major hubs of international arbitration that are also signatories of the New York Convention. Mr. Ziadé lamented the…
ICCA 2014. Latin America: Hottest Issues, Country-by-Country
…the arbitration legal framework established over more than two decades ago. While arbitration laws and treaties across the region have nurtured arbitration and investment protection, some Latin American states have…
Would You Assist Us in Guiding the European Parliament in Its Future Actions Related to Arbitration?
…arbitration, investment arbitration, and consumer arbitration. It addresses both the legal instruments developed in relation to arbitration in each Member State and Switzerland, as well as the actual practice of…
Appointment of arbitrators, Arbitrators, Domestic Courts, India, International arbitration, National Arbitration Laws
Neutrality v. Nationality
…by the other countries which adopted UNCITRAL model law/rules, the court reasoned that the appointing authority under section 11 (6) would be guided by the relevant provisions under Arbitration act,…
Multiple Investment Treaties Between The Same States?: The Case Of The ECT
…the organizers and participants of the ITA-IEL Joint Winter Forum on “International Energy Arbitration” held in Houston, TX, where a paper, from which this post draws, was presented. © Odysseas…
Three Crowns Announces Official Launch
…that score. Roger – Will you focus on commercial or investment arbitration? Luke – Collectively we have significant experience in commercial, investment, and state-to-state arbitration, and intend to continue to…
Arbitration Agreements, Argentina, BIT, Investment agreements, Investment Arbitration, Treaty, U.S. Supreme Court
The dissenting opinion in BG v Argentina before the US Supreme Court
As reported earlier, the US Supreme Court has recently adjudicated on the issue of the standard of review in relation to arbitration agreements in international investment arbitration. It is a…