…an informed decision with regard to the type of arbitration while negotiating the arbitration clause. The structure and procedural predictability that is provided by institutional arbitration may have great advantages…
…which contained an arbitration clause providing for ICC arbitration in Switzerland or France. The Respondents requested a stay of proceedings on the basis of the arbitration clauses contained in these…
…Treaty (the “BIT”) and Venezuela’s Foreign Investment law (the “Foreign Investment Law”). The arbitration concerns the Claimants’ interests in two extra-heavy oil projects located in the region in Venezuela known…
…act forbidden under the non-appealability terms of the arbitration agreement; and (3) the Respondents’ reading would ignore the arbitration provisions’ explicit adoption of the AAA International Arbitration Rules which clearly…
Simon Lester has a thoughtful response to my earlier post about using trade remedies to enforce arbitration awards. He questions whether conditioning GSP benefits on compliance with arbitration awards is…
…as follows: “any arbitration clause concluded by the bankrupt shall lose its legal effect as at the date bankruptcy is declared and any pending arbitration proceedings shall be discontinued“, the…
…over power supply from the hands of Vattenfall. We use this as an occasion to examine the legal implications in the field of investment arbitration of the threat to expropriate….
As I discuss in a recent article published in the Santa Clara Journal of International Law, one of the most significant developments signaling the convergence of trade and arbitration is…
…courts. The issue here concerned whether or not the local litigation requirement in the U.K-Argentina BIT was a procedural prerequisite to investor-state arbitration, or a necessary substantive step needed prior…
The Competence-Competence Principle is a fundamental principle of international arbitration. It is recognized in article 8 of Brazilian Arbitration Law. However, in Companhia de Geração Térmica de Energia Elétrica –…
…Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention or Convention). This state of affairs and the inadequacy of the country’s domestic and international arbitration legal regime have…
…examine how labour standards could be considered in investment arbitration. It first looks at the provisions related to labour standards in investment treaties. It then moves on to examine how…
…now seems to have been broken, with a number of arbitration rules enlarging consolidation rules (such as the Swiss Rules and the ICC Rules) and arbitral decisions, most notably the…
…of consent of the parties to arbitration as a means of dispute resolution, an issue that often arises in sports arbitration in the context of arbitration agreements included by reference….
…please do share your experience. You will contribute to the knowledge-building of the worldwide arbitration community. An analysis of the results will be published in a special post coming soon….
By Ben Knowles and Khaled Moyeed at Clyde & Co LLP A recent arbitration award has highlighted the question of the enforceability of forfeiture provisions in oil and gas JOAs….
…(“HKIAC”) and Singapore International Arbitration Centre (“SIAC”) Rules). Accordingly, the New Rules contain provisions aimed at addressing the most topical issues in international arbitration, including emergency arbitrators, interim relief, expedited…
…the Rules or under the Arbitration and Conciliation Act, 1996 (the “Indian Arbitration Act”), including Section 9 thereof. The provisions of Part 1 of the Indian Arbitration Act are expressly…
…the parties referred to a “Madrid Arbitration Court” and its rules, neither of which exist. Lately, however, the notion appears to be gaining ground that arbitration agreements would also prevail…
…binding arbitration agreement. In this case, the Tribunal found that the offers of arbitration in the UK-Bolivia and the US-Bolivia BITs did not contain any restrictions or conditions that would…
…Lévy, Anti-suit injunctions issued by arbitrators, in Anti-suit injunctions in international arbitration, (Gaillard, Ed.) IAI Series on International Arbitration, vol. 2 (2005); Scherer/Jahnel, Anti-suits and Anti-arbitration injunctions in International Arbitration,…
As announced in my earlier post we will interview Gary Born at the occasion of his new edition of International Commercial Arbitration. This second edition is an authoritative 4,500 page…
…to technology in arbitration. The “ICC Techniques for Controlling Time and Costs in Arbitration” include a recommendation to consider minimizing the creation of hard copies (ICC Publication 843, 2007, revised…
…de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., 2014 WL 104132 (11th Cir. Jan. 10, 2014) (hereinafter Consorcio II). The holding vacated the same panel’s 2012 landmark decision permitting discovery…
