The Hidden Amiable Compositeur
…application of legal rules, is generally referred to as an amiable compositeur or as deciding ex aequo et bono (even though these notions are not completely synonymous, the terms will…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Appointing the Dispute Board – Why It Differs from Arbitration Appointments
…in most cases arbitration is as a result of an arbitration agreement between the parties. However in most legal systems the arbitration process will be underpinned by legislation or case…
30th Anniversary of the School of International Arbitration Live Streamed at Kluwer Arbitration Blog
We are pleased to announce the 30th Anniversary of the School of International Arbitration, Queen Mary University of London. To commemorate its anniversary, the School of International Arbitration will be…
Arbitrability, Arbitral Award, Arbitration clause, Consumer contracts, Interim Orders, Public Policy, Set aside an arbitral award, Slovakia
The New Slovak Arbitration Act Applicable From January 2015: Has It Progressed Sufficiently?
…Slovak court decisions, which held that parties to an arbitration agreement cannot apply for a declaratory relief regarding the validity of the arbitration agreement to an arbitral tribunal (Case No….
From Iura Novit Curia to Zeno’s Paradox of Motion
…article 46(1)(b). This view seems to have been adopted also by the arbitration rules of the LCIA, which grant power to the tribunal to take the initiative itself to identify…
Indirect Enforceability of Emergency Arbitrator’s Orders
In recent years, arbitration institutions have made significant progress by adopting the provisions on emergency arbitrators (“EA”). One of the biggest appeals of the new mechanism is that it allows…
Arbitral Award, Dubai, Enforcement, Germany, ICC Arbitration, New York Convention, Recognition and enforcement of arbitral award, United Arab Emirates
Dubai Court of Cassation further consolidates pro-NYC enforcement practice
The Dubai Court of Cassation stays firmly on course in its enforcement of foreign arbitration awards under the 1958 New York Convention for the recognition and enforcement of foreign arbitral…
State Courts’ Decisions on Reduction of Arbitrators’ Fees: Comparing Apples to Apples or Apples to Oranges?
and Rute Alves, PLMJ Sociedade de Advogados 1. Legal and practical background Pursuant to Article 17(3) of the Portuguese Voluntary Arbitration Law (Law no. 63/2011 of 14 December – hereinafter…
Egypt: New Investment Law – ADR for Investor-State Disputes
…provide for alternative dispute resolution mechanisms, usually through international arbitration, and in particular arbitration at ICSID or ad hoc proceedings under the rules of UNCITRAL or other international arbitration centers….
Dubai Issues Judgment in Support of International Arbitration
…arbitration which remained Stuttgart, Germany. Applicability of NY Convention in the UAE Since the UAE ratified the New York Convention in 2006, the provisions for recognition set out in the…
Are All Institutional Rules Now Basically The Same?
…are appointed by the LCIA Court. The LCIA Rules also provide for a refund of the deposit paid by the parties if the actual arbitration costs are less than the…
Canada, China, and the Anti-BIT
…the US-China BIT) may prove to be an anti-BIT which, rather than promoting new investment, simply asserts states’ ability to regulate existing investments. Three provisions contribute to the Canada-China BIT’s…
Arbitral Award, Enforcement, England, English Law, Set aside an arbitral award, Set aside an international arbitral award
Enforcement of an Award Set Aside: the So-Called “Preferred Approach” and its Application under English Law
…of Awards Set Aside in their Jurisdiction of Origin, Austrian Yearbook on International Arbitration 2014, p. 285-292). It remains to be seen whether a recent decision in this matter of…
Scholars Debate Investment Arbitration Chapter in TPP and TTIP
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…
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…international arbitration. Inclusion of choice of law provisions in HKIAC model clauses The HKIAC’s model arbitration clauses were updated in August 2014 to include choice of law provisions. This inclusion…
DIFC, Dispute Resolution, Dispute resolution clause, New York Convention, Recognition and enforcement of arbitral award
DIFC Courts Practice Direction No. 2 of 2015: Adopted at Last!
…pay, through arbitration. The main benefit will be the enhanced enforceability of “judgment-converted-awards” under international enforcement instruments typically applicable to international arbitration awards, e.g. the 1958 New York Convention on…
The Use of Arbitration for Derivative Contracts
…fees and so can effectively reduce the costs of arbitration. HKIAC has witnessed an increasing number of financial disputes being referred to arbitration. With its leading arbitration rules in place…
Ad hoc arbitration, Transparency, Transparency in investment arbitrations, Treaty, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
A Step toward Greater Transparency: The UN Transparency Convention
…1 April 2014, and are incorporated into the 2013 UNCITRAL Arbitration Rules by Article 1(4) of those Rules. The Transparency Rules provide for increased transparency in investor-State proceedings conducted under…
Conflating Politics and Development?
…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….
English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996
…should retain the discretion of raising the same, or new, legal arguments in the new arbitration, on the basis that the new tribunal may well reach different conclusions than the…
IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
…ed., Kluwer Law International 2013). The new LCIA Arbitration Rules, which entered into force on 1 October 2014 (hereafter the ‘2014 LCIA Rules’ or ‘Rules’) are at the core of…
Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations
…employed in treaties with continuing duration are assumed to be intended to follow temporal variations of their ordinary meaning. In the case concerning Legal Consequences for States of the Continued…
New Arbitration Center in Bulgaria
…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…
Bound by Oral Arbitration Agreement. Failing to Object During Negotiations
…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…