The Witness Statement as Disclosure
…importance and ubiquity of WS in international arbitration it is interesting to note that few major arbitration rules define them explicitly; when they do mention WS it is often merely…
Search Results for: efficient arbitration
The Singapore Approach to Scrutiny of Arbitral Awards
…of arbitration is that it seeks the cooperation of the very public authorities from which it wants to free itself.” (Jan Paulsson, Arbitration in Three Dimensions, LSE Legal Studies Working…
ICSID Arbitration, ICSID Convention, International Court of Justice, Investment Arbitration, Precedent, Vienna Convention on the Law of Treaties
Previous Decisions in Investment Arbitration
It is well settled that there is no rule of precedent in investment arbitration and arbitrators are not bound by decisions rendered by previous tribunals. Nevertheless, investment arbitration practice shows…
Signatory Compelled to Arbitrate Against Non-Signatory: US District Court Influenced by Investment Treaty Jurisprudence
…“arbitration without privity”), and an arbitration agreement between two commercial entities where a third party wishes to arbitrate against an original commercial signatory without any equivalent standing offer of arbitration….
Losing Entitlement to Claim and Resort to Dispute Resolution in Construction: Time Bar Provisions and the Turkish Approach
The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. Characterized…
Code of Ethics, Courts, ISDS, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership, Transparency, UNCITRAL Rules on Transparency
Too Much Information or When Information Relating to Arbitration Obscures rather than Clarifies the Landscape
…of corporate attitudes towards arbitration have sparked a useful and on-going dialogue between the arbitration community (arbitrators, arbitration institutions and arbitration counsel) and the users of arbitrators (corporate counsel and…
Tipping Point?: What Does the Perenco case say about Fair and Equitable Treatment?
…Ecuadoran government’s policies on the so-called “extraordinary income” of oil companies operating in its territory in the mid to late 2000s. Keen followers of international arbitration will recall three previous…
Are Anti-Suit Injunctions Back on the Menu? The AG’s Opinion in Gazprom
…gas supply and contained an arbitration clause (SCC arbitration, Stockholm seat). In 2011 the MoE commenced domestic court proceedings against LD, its managing director and two board members appointed by…
Third party funding in international arbitration – lessons from litigation?
…which are – at least traditionally – a rarity in international, and especially ICSID, arbitration. However, even if arbitration has no option but to use the tools of the true…
Argentina, BIT, Consent, ICSID Arbitration, ICSID Convention, Vienna Convention on the Law of Treaties
Consent in Multiparty Investment Arbitration – The Most Recent Installment
…tribunal in Alemanni noted that it was “not impressed by either of the two opposing arguments: either that a multi-party arbitration can only be brought where there has been a…
The French Law Standard of Review for Conformity of Awards with International Public Policy where Corruption is Alleged: Is the Requirement of a “Flagrant” Breach Now Gone?
For many years, the standard of review by French courts of awards rendered in international arbitration proceedings on grounds of violation of international public policy has been controversial. Scholars have…
The Recast Brussels Regulation and “Domestic” Arbitrations
…rendered. Meanwhile, in breach of the arbitration agreement one of the parties has gone to the Spanish Court. The Spanish Court decides that the arbitration agreement is null and void…
Multilateral Investment Treaties? A View from China
…as a centre for arbitration of commercial disputes between enterprises from China and Portuguese-speaking countries is an example of how arbitration may play an important role in China’s economic policy….
The Court of Arbitration at the Polish Chamber of Commerce Adopts New Rules
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
Preliminary Findings From An Empirical Study of International Commercial Mediation and Conciliation
Two months ago, readers of the Kluwer Arbitration blog were asked to participate in some ongoing surveys relating international commercial mediation and conciliation. The studies were being conducted to assist…
Allocation of Costs in ICSID Arbitration
…initiating arbitration.” (Stephan Schill, Cost-Shifting in Investment Treaty Arbitration, 7 J.W.I.T. 653 (2006) at 685) As to arguments such as impecunious party, these considerations are subjective, extraneous and have not…
Arbitration, BIT, Canada, Foreign Investment Law, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Uncategorized, United Arab Emirates
ICSID Tribunal declines personal jurisdiction over dual national under Egypt-UAE BIT
…or arbitration as well as on the date on which the request [for conciliation or arbitration] was registered[…], but does not include any person who on either date also had…
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…as a permanent arbitration institution. According to the Regulations on the Organisation and Operation of the CCIR, the Arbitration Court provides arbitration services, consultancy on procedures, studies and research in…
Enforcing Awards Following a Decision at the Seat: the US or the French Approach?
…of arbitration unless the decision ‘violates basic notions of justice’. Accordingly, if an award is set aside at the seat of arbitration, a US court will refuse enforcement of the…
Challenging Arbitral Awards in Singapore
…Arbitration Act (the “IAA”). Applications for arbitration awards to be set aside can be granted if one of the limited grounds in Article 34(2) of the UNCITRAL Model Law (which…
Hong Kong Emerges as Russia’s Refuge while the EU’s Sanctions Cripple Major Russian Businesses
…Party, and (4) to adhere to Marxism-Leninism and Mao’s thought. Many other popular Asian arbitration jurisdictions are certainly very appealing to Russia at the moment given their developed arbitration laws,…
Arbitration, Arbitration Agreements, DIFC, Dispute, Dispute Resolution, Middle East, Uncategorized, United Arab Emirates
DIFC Court Practice Direction on the conversion of DIFC Court judgments into DIFC-LCIA awards goes full steam ahead!
…arbitration agreement (or the “agreement for submission of post-judgment disputes to arbitration” in the terms of the revised Practice Direction) to DIFC laws. Despite the enhanced wording of the revised…
Israeli Supreme Court Lost between the Israeli Arbitration Act and the New York Convention
…though Israel is also the seat of the arbitration. In finding that the arbitration agreement should be considered to be domestic because the seat of arbitration is Israel, the Supreme…
Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy
A blast from the past… the ‘unified Arab investment treaty’ and finality of arbitration awards
…and expensive, belying the efficiency and effectiveness of arbitration. That should not be anymore the case if an investor is lucky enough to have a UAIAC arbitration as the parties’…