…no reason to prevent parties from requesting that [an arbitration agreement be invalidated] before any arbitration has been initiated. The request for annulment of the arbitration clause certainly can be…
…of dispute settlement by (1) establishing a loser pays all rule, thus preventing investors from bringing multiple or frivolous claims; (2) ensuring transparency of the arbitration system (by making documents…
and Matthew Lam, Partner, Clyde & Co As announced recently on this blog Chinese Court Decision Summaries on Arbitration, edited by WunschARB, were recently published by Kluwer Arbitration. The case…
…of implementing rules tougher than the minimum required by the EU) as being of overriding mandatory character. Arbitration clause In 2005, Unamar, a Belgian commercial agent, and NMB, a Bulgarian…
…Joinder Parties commenced arbitration against Lippo in Singapore through the arbitration agreement in the SSA. An application to join the Astro Joinder Parties to the proceedings under Article 24.1(b) of…
…assets and to consent to the investment arbitration. The modern understanding of the contribution as a “commitment of resources” may be illustrated, e.g. by the Deutsche Bank award (paras. 298-300)….
…the parties have agreed on a seat of arbitration outside Austria, the application of the Vienna Rules and the arbitration law at the seat of arbitration allows for such remittance….
…members and more. International commercial arbitration can offer some appealing strategies to help mitigate business risks. For starters, it helps to have an arbitration clause in form agreements, especially those…
…(providing that, unless agreed otherwise by the parties, the award shall be in writing, reasoned, signed and dated, and shall provide the seat of the arbitration). and arbitration rules will…
…strong position that arbitration will continue to be excluded from its coverage. The Recast Regulation will begin to apply to Member States in January 2015, but its impact on arbitration,…
…case for the rules of the Singapore International Arbitration Centre, of the Stockholm Chamber of Commerce, of the Swiss Chambers Arbitration Institution and of the Netherlands Arbitration Institute). Other international…
…ad hoc proceedings, using the Permanent Court of Arbitration as the appointing authority. The respondent resists arbitration on the grounds that the arbitration agreement is invalid. First, the parties agreed…
…and information about the situation regarding arbitration and enforcement in China. Therefore, personal experience from practitioners are often extrapolated and develop into ever growing rumours about how terrible arbitration in…
…to the Supremacy Clause of the U.S. Constitution, the pro-arbitration policy expressed in Section 2 preempts state laws that prohibit “outright the arbitration of a particular type of claim” or…
…to circumvent annulment proceedings and other proper remedies set forth in the national arbitration laws, have become a staple in the practice of international arbitration in some Latin American jurisdictions….
…the future of international commercial arbitration? Very much so. As a fee-based service, arbitration already finds itself in highly competitive markets. The ICC competes with the ICDR to attract parties…
Last week the hearing on jurisdiction and liability in an arbitration between Bilcon of Delaware et al. and the Government of Canada was streamed live on the website of the…
…this blog may recall that the United States initiated a state-to-state arbitration against Guatemala in 2011, invoking for the first time a fast-track arbitration mechanism contained in the U.S.-Central America…
…thwart enforcement of an award rendered by a sole arbitrator under the auspices of the Rules of Arbitration of the International Chamber of Commerce (ICC) International Court of Arbitration (the…
…a result Coeclerici commenced arbitration proceedings against Gujarat and Mr Jagatramka. Shortly before the hearing was scheduled to commence, the parties entered into another agreement under which the arbitration was…
…are applicable to proceedings on claims challenging an arbitration award or claims regarding the declaration on the existence or inexistence of an arbitration award. This means in fact that the…
…favorable conditions for the emergence of international arbitration as a means for resolving cross-border financial disputes. Arbitration vs. Litigation Lately, arbitration in financial disputes appears to have gained ground against…
With regard to multicontract arbitration, the CEPANI Arbitration Rules (“the Rules”) contain a specific provision (Article 10). Article 10(1) allows the parties to pursue claims arising out of different contracts…
…going to the originality and authenticity of the arbitration award and/or the underlying arbitration agreement. Upon closer review, it appears from the Dubai Court of Cassation’s ruling that not only…
