Negotiations over the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) have highlighted the growing debate over investment arbitration. Last week the New York Times published an…
…to the model arbitration clauses and the creative use of arbitration to resolve public sector disputes, are but several of the developments in arbitration in 2014. While the effects of…
…on sound arbitration principles (as indeed is this protocol). (Chief Justice Michael Hwang, “The DIFC Courts Judgment-Arbitration Protocol – Referral of Judgment Payment Disputes to Arbitration”, The DIFC Courts Lecture,…
…can be joined to an existing arbitration provided that, prima facie, it is bound by the arbitration agreement that gives rise to the arbitration. Where multiple disputes arise out of…
On 17 March 2015, the UN Convention on Transparency in Treaty-Based Investor-State Arbitration was opened for signature. So far, nine countries have signed the treaty (among them, Canada, France, Germany,…
…With the mandate to examine elements related to both politics and development, I was asked to explore outcomes in investment treaty arbitration (ITA) as a function of these twin variables….
…1996 Arbitration Act (the “Act”), parties can only challenge or appeal an arbitration award on three grounds: (i) a challenge on the grounds that the tribunal lacks substantive jurisdiction under…
…the arbitration, including, for instance, the duty under Article 14.5 to ‘do everything necessary in good faith for the fair, efficient and expeditious conduct of the arbitration’.9)LCIA Rules (2014), Article…
International investment law is shaped by key terms such as “investment”, “indirect expropriation”, “national treatment”, “most favored nation”, “fair and equitable treatment”, among others, which are at the heart of…
…arbitration centers, during the last years businesses started to require arbitration institutions which reflected the tendencies in arbitration and, the most important, which restored trust in arbitration as a way…
…was explicitly incorporated in the Swedish Arbitration Act of 1999.8)Section 3 of the Swedish Arbitration Act: “Where the validity of an arbitration agreement which constitutes part of another agreement must…
…its interest, Starr commenced arbitration before HKIAC against Cheng and the three companies (collectively, the ‘Applicants’). On 19 December 2012, the arbitral tribunal rendered two arbitral awards ordering the Applicants…
…contains an arbitration clause and arbitration proceedings between the Port Trust and the Indian Company are currently underway (“Contract Arbitration”). LDA initiated a separate investment treaty claim under the 1997…
…for public review by commenting below. The Model Bilateral Arbitration Treaty (“BAT”) provides a default arbitration mechanism for the resolution of defined international commercial disputes. The mechanism would utilize the…
…in the field of international arbitration. Titled “Improvements and Innovations in International Arbitration”, the 2015 International Arbitration Survey seeks to explore “whether and how international arbitration as a form of…
…Khan Resources Inc (Khan) pursuant to an arbitral award that is the climax of an arbitration proceeding initiated by Khan in 2011 as a result of the Mongolian government’s alleged…
…and the amended joint venture agreement provided for disputes to be resolved through mediation, and if mediation failed, by commercial arbitration under the domestic Arbitration Act, RSBC 1996 c 55…
…Netherlands and the Slovak Republic, the claimant initiated arbitral proceedings on 1 October 2008 pursuant to the UNCITRAL Arbitration Rules. The parties designated the Permanent Court of Arbitration in The…
…access to emergency arbitration to a basic treaty that does not otherwise provide for emergency arbitration (i.e. one that only refers to ICSID and/or UNCITRAL arbitration). It is only a…
…stated in the arbitration clause), Justice Prakash took a robust and commercially sensible approach to construing the parties’ arbitration agreement – placing emphasis on SIAC’s role in arbitrator appointments under…
…the arbitration” (Choong and Weeramantry, The Hong Kong Arbitration Ordinance). In other words, parties to a Singapore or Hong Kong seated arbitration are generally free to choose between setting aside…
…such clauses in 2014, their enforcement remains uncertain. Foreign parties may wish to choose arbitration through the CIETAC Hong Kong Arbitration Center. A special chapter of the CIETAC Arbitration Rules…
…Arbitration (DIS), board-member of the Arbitration Institute at the Stockholm Chamber of Commerce and a practicing international arbitrator. This new third edition pursues three goals. First, the text of the…
…an unusual review mechanism is being applied to arbitration through a special constitutional remedy. As a result, Ecuador is facing a delicate tension between arbitration and constitutional law where a…
