…arbitration agreement within the state contract, the administrative court in question is bound to refer the parties to arbitration, no matter their subsequent conduct as to their arbitration agreement, including…
…by the end of 2012). But that trend could stall in the foreseeable future with the realization of the users that international arbitration (investor-state arbitration, in particular) is increasingly becoming…
…arbitration tribunal has been convened to hear the dispute under the arbitration agreement, or (ii) court proceedings relating to the arbitration agreement have been commenced in the Member State of…
…policy considerations and the Shari‘a The provisions of the new Arbitration Law apply to arbitrations held under the Saudi Arbitration Law without prejudice to the provisions of the Islamic Shari‘a….
…claim. The prior version of Article 4 called for arbitration to be commenced by the DIA’s receipt of a request for arbitration, which, if not accompanied by a statement of…
…a State’s legitimate interests in tackling crime and the investor’s treaty rights. It also notes future tribunals’ likely sensitivity to allegations that the arbitration itself is being brought to deter…
…the definition of “international arbitration” should be revised. A possibility is to define international arbitration as an arbitration which object involves more than one state. The current definition is based…
…negotiation. In this sense, it must be highlighted that recent reports have confirmed that UNASUR has announced that it is very probable that its own investment arbitration center will open…
“America’s important security alliances across the Pacific need an economic underpinning.” Ambassador Robert Zoellick, May 1, 2013 To use one of the Obama Administration’s favorite terms, the entry of Japan…
…Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006). Note the peculiarities. There is no governing law clause, no arbitration seat, and no arbitration rules. If a…
…new rules are detailed below. Court of Arbitration The new SIAC rules establish a Court of Arbitration (“Court”) that takes over case administration functions from SIAC’s Board of Directors (“Board”),…
…v. Poland (Netherlands-Poland BIT ad hoc arbitration) Partial Award, 19 August 2005, para. 233) Be that as it may, our main proposition is that, even without providing evidence of the…
…become increasingly frequent for all the reasons stated above. Notably, the arbitration agreement provided by the CCEE Trading Convention provides for arbitration under the Rules of the FGV Arbitration Chamber…
…Trade Arbitration Commission (SCIA) for arbitration which shall be conducted in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The arbitral award is…
In Part I it was argued that the proper law applicable in the investor-State disputes under Article 42 (1) ICSID Convention depends on the substantive grounds of the investor’s claim….
…of the Arbitration Law concern, among others, the submission to arbitration of corporate disputes, the participation of public entities in arbitration and the arbitration of consumer disputes. In addition, the…
…improvements. A key provision in the Agreement is binding arbitration. Specifically, the Agreement requires the Oversight Committee to develop a plan for the implementation and administration of the Bangladesh fire…
…arbitration users with the cost and length of international arbitration proceedings, this initiative should be welcomed by the arbitration community as a positive effort to address the concerns of arbitration…
…the arbitral proceedings themselves and any ancillary proceedings in the national courts. However, with respect to enforcement, often neither the arbitration agreement itself nor the New York and ICSID Convention…
…every citizen of the country has the right to terminate his or her civil or commercial matters through arbitration. July 2002 marked a dramatic change in the arbitration landscape, when…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention PART I Article 42 of the Convention on the Settlement…
…inter alia the Permanent Court of Arbitration, the Iran-US Claims Tribunal, P.R.I.M.E. Finance (see here), the Netherlands Arbitration Institute (“NAI”), Maritime arbitration institute TAMARA and numerous other private arbitration institutions….
…issued its Decision on jurisdiction. To the present authors it was of particular interest for the following passage: “[Investment treaties] … may provide for investor-state arbitration, but only for a…
…United States of America was initiating arbitration against the Republic of Guatemala. The U.S.A. turned to arbitration after determining that Guatemala was failing to enforce its own labor laws, thus…
