…ICC DB Rules. In the USA ConsenusDocs also provides standard DB rules. Special DB Rules had to be drafted for the exceptional circumstances for which the Rio 2016 DBs are…
…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,…
…Art. 23 of the Lugano Convention and instead the default jurisdictional rules should apply. The Paris Court of Appeal held that Art. 23 of the Lugano Convention should apply and…
…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…
Over the past few years, the business community has discovered a new form of investment: this new type of capital formation is broadly known as investment in cryptocurrencies. The capital…
…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…
…parties to arbitration. The rationale is quite simple: if the objection consisting of the existence of an arbitration clause is raised before the state court, the court shall apply a…
…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…
…effectively agree that substantively relevant overriding mandatory rules – for instance, antitrust rules – be disregarded, when the purpose of such rules in fact requires that they be taken into…
…declaration that France and Spain were bound by the arbitration clause provided in the insurers’ rules and that the insurers were not liable under the underlying contract. The relief sought…
After the fall of communism, Hungary embraced modern arbitration law. Act LXXI of 1994 (“the Arbitration Law”) created a comprehensive legal regime for both domestic and international arbitration, based on…
…a duly certified copy thereof; and the original agreement referred to in Article II (i.e. arbitration agreement) or a duly certified copy thereof. In addition, the provisions of paragraphs 5…
…the conduct of international arbitration. On counsel conduct, Michael Hwang stressed the need to develop sanctions for offending counsel for behaviours such as bribery, breaches of confidentiality to a third…
…towards the East, where the combination of well-established arbitration institutions within arbitration-friendly (and sanctions-free) jurisdictions is perceived as an attractive alternative to arbitration in the US or Europe. Both the…
…radically different from the Old BIT, making substantial changes to provisions in the Old BIT, and deleting many other provisions such as the FET and MFN provisions, as well as…
In connection with the upcoming 2015 ITA Workshop in Dallas on June 17-19, we are now conducting a survey on the experiences of arbitration practitioners with enforceability of arbitral awards….
…only provided for a state-to-state arbitration mechanism. However, the Tribunal rejected this interpretation and concluded that it also permitted investor-state arbitration. Given that the “Organ” had not yet been established,…
…they formed with Venezuela’s state oil company, PDVSA. One of the Mobil subsidiaries, Mobil Cerro Negro, also commenced ICC arbitration against PDVSA, invoking an arbitration clause in one of the…
…arbitration the rule of law can spread from the prominent arbitral seats like London, New York, Hong Kong, Singapore, Paris and Vienna to emerging markets in Africa, Asia, and Latin…
…answered differently. Regardless of the legal context and origin of the given answers, only one general rule should apply: no ostriches are allowed. And please allow me to explain what…
The Court of Arbitration for Sport (CAS) is pleased to host a launch for a new book by Despina Mavromati & Matthieu Reeb, “The Code of the Court of Arbitration…
…arbitration by selecting suitable arbitration rules, such as the 2013 HKIAC Administered Arbitration Rules (the HKIAC Rules), as the applicable procedural rules and Hong Kong as the seat of arbitration….
