Arbitration in China – The Common Misperceptions
…determining the law applicable to arbitration agreements has changed. In the past, they tended to automatically apply Chinese law to the question of the validity of the arbitration agreement. This…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Challenges to the Validity of Agreements to Arbitrate State-Law Claims for the Public Benefit
…to the Supremacy Clause of the U.S. Constitution, the pro-arbitration policy expressed in Section 2 preempts state laws that prohibit “outright the arbitration of a particular type of claim” or…
The “Amparization” of the Justice System in Latin America and International Arbitration
…with regard to the express recognition of new substantive rights into several national legal systems, but also regarding the creation of procedural remedies geared to ensure the defense of those…
Anti-arbitration, Arbitral seat, Arbitration Institutions and Rules, Hong Kong, International Courts, Singapore International Arbitration Centre, Uncategorized
Can Arbitration Keep Up? Singapore Ratchets Up Forum Competition
…the future of international commercial arbitration? Very much so. As a fee-based service, arbitration already finds itself in highly competitive markets. The ICC competes with the ICDR to attract parties…
The Emergence of a Consistent Case Law: How NAFTA Tribunals have Interpreted the Fair and Equitable Treatment Standard
…been increasingly willing to recognize new requirements as components of the ever-enlarged concept of FET. Prime examples of such new ‘requirements’ recognized by these non-NAFTA tribunals are the obligation to…
United States brandishes threat of renewed state-to-state arbitration unless Guatemala ramps up labour rights improvements
…this blog may recall that the United States initiated a state-to-state arbitration against Guatemala in 2011, invoking for the first time a fast-track arbitration mechanism contained in the U.S.-Central America…
Arbitration Awards, Enforcement, ICC Arbitration, International arbitration, New York Convention, Seat of the arbitration, Uncategorized, United Arab Emirates
Recent ruling of Dubai Court of Appeal affirms UAE Courts’ practice to abide by the terms of the New York Convention
…with the arbitration rules applicable at the International Chamber of Commerce and shall enforce the same in accordance with the rules of the New York Convention on the recognition and…
Australian Courts Aligned with the UK in Reluctance to Depart from Decisions of the Seat Court on Asserted Procedural Defects when Enforcing Foreign Arbitral Awards
…a result Coeclerici commenced arbitration proceedings against Gujarat and Mr Jagatramka. Shortly before the hearing was scheduled to commence, the parties entered into another agreement under which the arbitration was…
Amendments to Austrian Arbitration Law Abbreviate the Proceeding to Challenge an Arbitration Award
…so that the decision about a claim challenging an arbitration award is made by just one judicial instance, the Austrian Supreme Court. The previous provisions had been considered as a…
Cross-border Disputes in the Financial Sector: A Trend towards Arbitration and the Release of the ISDA Arbitration Guide
…problem in complex finance transactions. In particular, the new HKIAC rules provide for effective multi-party and multi-contract arbitration by enhancing the existing joinder provisions, and now allowing the consolidation of…
Multicontract Arbitration Under The CEPANI Arbitration Rules (Article 10)
With regard to multicontract arbitration, the CEPANI Arbitration Rules (“the Rules”) contain a specific provision (Article 10). Article 10(1) allows the parties to pursue claims arising out of different contracts…
Arbitration Awards, Domestic law, France, ICC Arbitration, New York Convention, Set aside an international arbitral award, State entity, United Arab Emirates
Recent ruling of Dubai Court of Cassation on enforcement of foreign arbitral awards: Back to square one it is …
…the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention on the recognition and enforcement…
German Federal Supreme Court: Procedural Order in Slovakia v. Eureko
Investment arbitration under investment treaties between EU member states is a hot topic, in particular given the EU Commission’s strong views on the subject: As previously discussed here, the Commission…
Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Sanctions
Sanctions in US and International Arbitrations: Old Law In Modern Context
…Comprehensive Arbitration Rules authorizes a full range of sanctions, including issue default, for bad behavior. 2)JAMS’ International Arbitration Rules (2011), however, expressly preclude default judgment. See Rule 27.2. A tribunal…
The New ADCCAC Arbitration Rules: Evolution or Revolution?
…of the new Rules refers disputes to arbitration “in accordance with the Rules of Arbitration of Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)”. Given that no such thing as…
Swiss Federal Court Annuls Arbitration Award due to Violation of the Right to be Heard
…in Zurich. The arbitration proceedings Y commenced arbitration proceedings against X for payment of damages. The claim was primarily for lost profits as a result of X’s failure to supply…
Are Banks Changing? The New Big Industry for International Arbitration?
…ICC Rules; (3) English or New York law, Paris seat, ICC Rules; (4) English law, London seat, LCIA Rules; (5) English or New York law, Hong Kong seat, HKIAC Rules;…
Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, International arbitration, Legislation, National Arbitration Laws
HKIAC: What Will The New Arbitration Rules Change?
…even more attractive by streamlining its arbitration rules: On 1 November 2013, the new “HKIAC Administered Arbitration Rules (2013 Edition)” will enter into force. They can be downloaded on the…
Argentina and Ghana announce settlement of arbitration over detained warship, ARA Libertad
…Peterson is the Editor of InvestmentArbitrationReporter.com an online news and analysis service focused on investor-state arbitration and policy. He has been a contributor to Kluwer’s Arbitration Blog since its launch….
Applicable Law, Arbitral Tribunal, Arbitration Awards, Enforcement, Qatar, Set aside an arbitral award
Controversial Ruling of the Qatari Court of Cassation Regarding Arbitral Awards
…Emir of the State of Qatar” (emphasis added). Then, the Court decided to analyze some of the legal provisions which govern arbitration in particular (art. 190 to 210 of the…
BIT, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, UNCITRAL Arbitration Rules
Can an Investor Claim Lost Profits for Breach of Pre-contractual Relations?
…guarantees of legal expropriation. The investor claimed that “but for” the state’s conduct Mr Bosca would have earned around EUR 207 million from operating Alita. The state requested to dismiss…
Enforcement in Ukraine of Foreign Court Orders Granting Provisional Measures in Support of Arbitration
…in support of arbitration Ukraine is a party to a number of international treaties on legal assistance in civil matters providing for recognition and enforcement of foreign court judgments. Upon…
Kluwer Arbitration User Forum – a Success!
Wolters Kluwer’s inaugural Kluwer Arbitration User Forum was appropriately held in the heart of legal London at the International Dispute Resolution Centre (IDRC), 70 Fleet Street on Tuesday. Attended by…
Abu Dhabi Arbitration Centre Issues its New List of Arbitration Rules
…court decisions applying the provisions of the New York Convention in force since 2006, highly recognised arbitration centres such as the Dubai International Arbitration Centre (“DIAC”) and Dubai International Financial…