…parties had consented to arbitration. Nevertheless, the tribunal noted that “[w]henever a BIT includes a denial of benefits clause, the consent by the host State to arbitration itself is conditional…
…a skill. You learn that winning depends on will. You never grow by how much you win, You only grow by how much you put in. So any new challenge…
…such a large regional investment framework would contain such provisions, but the potentially significant effects of ISDS provisions in investment treaties seems to have been outweighed by other considerations. Historically,…
…that the impugned arbitration clause was “wide enough to bring this dispute within the scope of arbitration”. This point seems to imply that a literal interpretation of arbitration agreements will…
…while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law instruments). A recently published empirical…
…case, their absence). Given the notorious difficulty in dealing with corruption issues in arbitration, this approach can be a useful guidance for future cases. Inferring corruption from circumstantial evidence It…
…Hong Kong International Arbitration Centre (“HKIAC”) and the Singapore International Arbitration Centre (“SIAC”) – adopt new rules and new governance structures. Such changes correspond with recent updates to arbitration laws…
…or the Stockholm Chamber of Commerce (SCC) rules. According to the United Nations Conference on Trade and Development (UNCTAD), the UNCITRAL Arbitration Rules are the second most used rules for…
…correspondingly to introduce BIT arbitration. Unlike espousal, investor-State arbitration concentrates risk and control in the dispute’s real parties in interest. It is also a system that has generated such richness…
…familiar with recurring problems. This is particularly true as courts adopt “pro-arbitration” policies towards enforcement of arbitration clauses and arbitration awards. Finally, driven by the increasingly keen competition among jurisdictions…
…in arbitration. Although BG Group commenced arbitration without first attempting recourse in the Argentinian courts, the arbitral tribunal held BG Group’s claim to be admissible because Argentina had by its…
…institutions’ rules which provide that arbitrators must be selected from a pre-defined list of arbitrators from that institution. Nevertheless, the new regime makes it clear that arbitration institutions will still…
…He believes the organization may have acted rashly when it recently incorporated the IBA Guidelines on Conflicts of Interest into its Code of Ethics and arbitration rules, rendering it binding…
…rules for arbitration proceedings administrated under its auspices. Along with the new rules, the Board also approved an “Arbitrator’s Code of Ethics”. Divided into 9 articles, this Code addresses issues…
…years later, Jnah commenced a separate arbitration against Marriott (“Jnah II”), alleging different violations of the parties’ agreements, invoking the same ICC arbitration clause. While that arbitration was underway, Marriott…
…enquiry: (i) whether the parties expressly chose the law of the arbitration agreement; (ii) whether the parties made an implied choice of the arbitration agreement; and (iii) in the absence…
…the New York Convention. The award was challenged by the losing party before the Court of First Instance. The judges of the Court decided to apply the same provisions of…
…parties shall specify a designated arbitration commission in their arbitration agreement, failing which the arbitration agreement is invalid. Moreover, Article 128 of the PRC Contract Law (1999) provides that parties…
…fraud in the arbitration agreement. However, the broad construction of arbitration clauses under English law may assist. But what happens if a party claims that the main contract itself was…
On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked…
As you may already know, Gary Born is about to finalize a new edition of his magnum opus, International Commercial Arbitration. With 4,500 pages soon to be published (April 2014)…
The use of arbitration in large scale disasters – both natural and financial has increased in recent years. Alongside this increase has been the growing use of arbitration to resolve…
…to be better known. IBA Guidelines for Drafting International Arbitration Clauses (2010): Arbitration clauses are the door to arbitration and determine the main procedural aspects of a case. Several checklists…
…waiting 18 months to commence arbitration. The decision surprised many in the international arbitration community and cast some doubt on the ability of investment treaty panels in arbitrations seated in…
