Unilateral Option to Arbitrate: Valid in the UAE?
…led some arbitration practitioners to describe the UAE as being ‘hostile’ or ‘suspicious’ of arbitration. Moreover, as a matter of UAE law, arbitration is a matter of the joint intention…
Search Results for: efficient arbitration
Mass Claims in Investment Arbitration- The Need of the Hour
…investment arbitration, which is the arrival of the average man before ICSID proceedings. It is widely regarded that investment arbitration can be a long drawn out and expensive affair. Studies…
Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts
…in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make…
Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics
SIAC Announces a New President and Releases its 2014 Results
…those with cross-border disputes”. Dr Michael Pryles, Founder President of the SIAC Court of Arbitration, has been instrumental in developing SIAC into a world-class arbitration centre during his term in…
BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership
A Question of Democracy: The German Debate on International Investment Law.
…law and EU law concerns the enforcement mechanism in investor-State arbitration proceedings. Yet, access to arbitration is subject to high procedural hurdles and is only available for a narrow class…
Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations
…related disputes. Further examples of dispute board rules are to be found in the American Arbitration Association (AAA), the Dispute Resolution Board Guide Specifications for construction contracts where actually the…
The Challenge of the Yukos Award: an Award Written by Someone Else – a Violation of the Tribunal’s Mandate?
…not always be visible. Tribunal’s mandate in commercial arbitration: case of Sacheri v Robotto (1989) In commercial arbitration, a similar situation was addressed in a decision by the Italian Supreme…
The New Dutch Arbitration Act 2015
…applies to the legal relationship to which the arbitration agreement relates. Emergency arbitration: The possibility of emergency arbitration as already contained in the former Act is maintained in the New…
Effects of Settlements in Investor-State arbitration
…treaty arbitration case law. The first view, adopted in Sempra v. Argentina (ICSID Case No. ARB/02/16) and Hochtief v. Argentina (ICSID Case No. ARB/07/31) decisions, holds that a settlement agreement…
Looking behind the Statistics for Investment Arbitration
Both UNCTAD and ICSID have recently released documents designed to provide snapshots of key developments and trends in investor-State arbitration. Both documents draw upon a statistical analysis of case filings…
Arbitration Agreement the New Zealand Way
…clause 1 the Supreme Court was asked to decide what constituted an arbitration agreement in light of the purpose and the statutory context of the Arbitration Act 1996. The Court…
Review of Class, Mass, and Collective Arbitration in National and International Law, by S.I. Strong
…Intl’l Corp. that class arbitration “changes the nature of arbitration,” the overarching theme of the book is the question whether group arbitration is a different beast from “arbitration proper.” Professor…
Arbitration in Kuwait: Time for Reform?
…Law and is replaced with the Arbitration Law. Seemingly drafted with domestic arbitration in mind, the aforementioned laws governing Kuwaiti arbitration, in particular that of Judicial Arbitration Law are composed…
What is an Arbitration, and Does it Really Matter? (An Australian Perspective)
…an “arbitration” for the purposes of the Act. These were as follows: (i) It is a characteristic of arbitration that the parties should have a proper opportunity of presenting their…
Gaillard and Banifatemi on Strategy Insights into the Yukos Arbitration at Harvard Law School
On Friday, February 6, Emmanuel Gaillard, Head of the International Arbitration Group for Shearman & Sterling LLP, and Yas Banifatemi, Head of the Public International Law practice of the same…
CIETAC’s New Arbitration Rules 2015
and Jim James & Trevor Tan Introduction The latest edition of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the 2015 Rules), which came into force on…
Appeal, Arbitration Agreements, Burden of proof, Court of Arbitration for Sport, Domestic Courts, European Union, Germany
Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal
…of the Court of Arbitration for Sport (CAS), since it held the underlying arbitration agreement between Claudia Pechstein, the speed skater, and her sport’s governing body to be invalid. Just…
Introducing Litigating International Investment Disputes – A Practitioner’s Guide
I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide. International investment arbitration is…
Meg Kinnear Lecture Live Streamed at Kluwer Arbitration Blog
…12) from 5:00 to 7:00 pm Eastern here at Kluwer Arbitration blog. You can watch the recorded presentation here. The event is sponsored by Notre Dame Law School and Hogan…
BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK
Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?
…whether ITA is just another form of commercial arbitration or rather whether it is purely a species of public international law. As contrasted with commercial arbitration, ITA looks at the…
Security for Costs in ICSID Arbitration
…(Europe Cement v. Turkey, Award of 13 August 2009, para. 184); or if there is indication of a post hoc corporate restructuring designed to obtain access to international arbitration. ●…
A Recent Survey of Experienced U.S. Arbitrators Highlights Areas for Further International Study and Discussion
…arbitrators have extensive experience with tripartite arbitration, streamlined or fast-track processes, ad hoc arbitration, and arbitration under non-administered rules, and some have arbitrated under final-offer, appellate, and emergency procedures. Some…
The Collateral Effect of an International Arbitration Award: A Capital Markets View
The current state of affairs of arbitration within Latin America looks challenging. Many countries are having upcoming ICSID awards which could amount to tens of billions of dollars against them….
Singapore Court Reviews Investment Arbitral Tribunal’s Decision On Jurisdiction: What Standard Should Apply As to Evidence?
…Rigo Sureda (President) and Professor Brigitte Stern (the “Tribunal”). Singapore was designated as the seat of the arbitration. In its award on jurisdiction dated 13 December 2013, the Tribunal found…