…(3) the term ‘public interest of the Mainland’ was not equivalent to mandatory rules in the Mainland; it should be interpreted only as referring to the basic legal system of…
…contains an arbitration clause and arbitration proceedings between the Port Trust and the Indian Company are currently underway (“Contract Arbitration”). LDA initiated a separate investment treaty claim under the 1997…
…New York Convention contracting states. Gary Born, Chair of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr LLP commented: “The proposed Bilateral Arbitration Treaty is a novel…
…in the field of international arbitration. Titled “Improvements and Innovations in International Arbitration”, the 2015 International Arbitration Survey seeks to explore “whether and how international arbitration as a form of…
…Nuclear Corporation (CNNC), which is owned by the Chinese government. The dispute The ad hoc arbitral tribunal (Tribunal), which had been constituted under the UNCITRAL Arbitration Rules, held that the…
…jurisdiction or failure to observe the rules of natural justice. By virtue of section 22(1) of the Act, the Domestic Commercial Arbitration Rules of Procedure of the BCICAC apply to…
…a dispute from a domestic legal system by way of an arbitration agreement, their recourse to such legal system must accordingly remain limited. In practice, parties to an arbitration are…
…emergency arbitration was introduced, apply the rules in force at the time of the commencement of the arbitration. In practice, this allows for emergency arbitration under the SCC Rules also…
…proceedings for the Seller’s failure to deliver under the second contract. Clause 16 of that contract provided for arbitration “in accordance with the rules of conciliation and arbitration of the…
…Media raised its objection with the Tribunal, in light of First Media’s other conduct in the arbitration. Second, with respect to First Media’s conduct in the arbitration, the judge’s finding…
…confirmed the validity of arbitration clauses that provide for CIETAC arbitration under the UNCITRAL Arbitration Rules (see Zhe Yong Zhong Que Zi No 4, 17 March 2014). In such proceedings,…
…Arbitration (DIS), board-member of the Arbitration Institute at the Stockholm Chamber of Commerce and a practicing international arbitrator. This new third edition pursues three goals. First, the text of the…
…application of inappropriate ordinary rules and remedies against arbitration, creating a further constitutional challenge-regime through a constitutional action which was never intended to by applied against arbitration nor to pre-arbitral…
…arbitration shall be resolved in accordance with the rules of the DIFC-LCIA Arbitration Centre (the “Rules”) which are deemed to be incorporated by reference into this Clause. The tribunal shall…
…have even showed that the average claim may cost in the region of US$9,743,000 (Counting the costs of investment treaty arbitration, Global Arbitration Review Online News, 24th March, 2014). This…
…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…
…to ensure that SIAC is firmly at the forefront of international arbitration, both in Asia and worldwide.” SIAC has also appointed new Members to the SIAC Court of Arbitration. Full…
…law and EU law, on the one hand, and the provisions protecting investments under CETA’s investment chapter, on the other hand, exist with respect to the legal consequences of breaches…
…development as the CIArb in producing its rules; demonstrated the growing usage and need for tailoring the rules according to demand. The most significant aspect of the recent rules is…
…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…
…of the amendments incorporated into the New Act. Arbitration agreement: The provisions regarding arbitration agreements contain several noteworthy amendments. Firstly, consumer protection is extended by way of an amendment to…
…Furthermore, the decision in SAUR is problematic under a strict legal-technical approach. The decision in SAUR is justified under the provisions of the Argentinian civil code and the principles of…
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…
It is nearly a trite truism that New Zealanders are, in proportion to New Zealand’s size, over represented in international arbitration. A truism confirmed by John Beechy during an address…
