…of interpretation is simply wrong. So what does this mean for investment treaty arbitration? The same thing that it does for other forms of international adjudication. Rather than hoping that…
For arbitration geeks, the beach is a challenge – How can you indulge your passion for international arbitration, without (further) outing yourself as a work-alcoholic without a life? I probably…
…also various documents created by the parties during the arbitration. The notice of arbitration, response to notice of arbitration, statement of claim, statement of defence, any further written submissions, any…
…an anti-arbitration jurisdiction?” According to the post, El Salvador is becoming an anti-arbitration jurisdiction. We respectfully disagree with the author’s conclusion. It is true that, since 2009, the Arbitration Law…
…half-day (morning) User Forum is for all London-based Kluwer Arbitration subscribers. So, if you are a Kluwer Arbitration user reading this and thinking “is this for me?” the answer is…
…one of the parties to the arbitration agreement and a company incorporated in South Africa, had been in provisional liquidation at the time of signature of the arbitration agreement. This…
…(offering one party the choice between various national state courts), others may contain an arbitration option (giving one party the choice between arbitration and national courts). In the Rothschild case,…
…rights to agree contractually on their dispute resolution mechanism. While the FIL therefore allows foreign investors to agree to refer disputes to offshore arbitration (for example, arbitration seated in a…
There are many uncertainties in relation to the proper behavior of counsel in arbitration, in particular, in terms of avoiding conflicts of interest, identifying minimum ethical standards, and the overriding…
…example, efficient and proactive arbitrators will define and deliberate on the central issues of the case as the arbitration develops. Secretaries can provide invaluable assistance in this respect by carrying…
…is to align Belgium’s arbitration law to the UNCITRAL Model Law and confirm Belgium’s friendliness towards arbitration. Historically, Belgium’s arbitration law has always been slightly isolated. It was originally based…
…limited to the underlying facts and terms of the BIT, the reasoning of the present award sends a powerful message to the arbitration community regarding the problem of indirect investments…
Readers of this blog may be interested to know of an opportunity to participate in the creation of a forthcoming special issue of Transnational Dispute Management (TDM), entitled “Reform of…
…the arbitration tribunal has already been constituted and the arbitration is ongoing because the tribunal itself can provide the requested relief. On the other hand, where an arbitration tribunal has…
…the underlying agreement. Consequently, where an arbitration agreement specifies the place of arbitration, this “creates a presumption that the procedural law of that place applies to the arbitration.” This strong…
…Genentech argued before the arbitral tribunal in the parallel ICC arbitration (the ‘Tribunal’) that the judgment of the CAFC disposed of all the issues in the arbitration. At that stage,…
…[sic] of Arbitration”, and Article 2.1 of the Appendix on Costs of Arbitration annexed to the DIAC Rules, which provides verbatim as follows: “The costs of the arbitration shall include…
…different jurisdictions. However, the prospective investor must read with caution this Summary, at least regarding arbitration in Brazil. Here is the Summary regarding arbitration in Brazil, as published: “Brazil’s Arbitration…
…class arbitration is critical to the decision in this case. The arbitrator concluded that the contract authorized class arbitration even though the arbitration clause did not expressly refer to class…
…resolution of commercial disputes. E. The Jerusalem Arbitration Center: A Glimmer of Hope What is remarkable about the Jerusalem Arbitration Center is that, in the words of Professor Catherine Rogers…
…arbitration faced similar skepticism just a few decades ago. According to the ICSID website, while only 18 arbitration cases were registered at ICSID in its first 20 years (1965-1984), the…
Kluwer Arbitration and Kluwer Law International are delighted to announce that the inaugural Kluwer Arbitration User Forum will be held in London (at the International Dispute Resolution Centre (IDRC), 70…
…the company and the builder had an arbitration clause. While the necessary steps for the commencement of arbitration were taken, one of the parties applied for an interim measure of…
…53) appears to extend all of the Arbitration Rules to an annulment proceeding. Since being amended in 1984, Arbitration Rule 53 states: “The provisions of these Rules shall apply mutatis…
