…Intl’l Corp. that class arbitration “changes the nature of arbitration,” the overarching theme of the book is the question whether group arbitration is a different beast from “arbitration proper.” Professor…
…a new arbitration law generally based on the UNCITRAL Model Law. The law recognizes international arbitration proceedings in line with international customary practice, provides rules to govern arbitration proceedings, and…
…Croft J described as “well accepted” and in use by “domestic arbitral tribunals in this country” the arbitration rules of, for example, the Australian Centre for Commercial Arbitration, International Chamber…
…of these issues “make this case interesting from the legal stand point of those who follow investment arbitration,” Gaillard said. Yas Banifatemi started her presentation about the jurisdictional stage of…
and Jim James & Trevor Tan Introduction The latest edition of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the 2015 Rules), which came into force on…
…of the Court of Arbitration for Sport (CAS), since it held the underlying arbitration agreement between Claudia Pechstein, the speed skater, and her sport’s governing body to be invalid. Just…
I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide. International investment arbitration is…
…12) from 5:00 to 7:00 pm Eastern here at Kluwer Arbitration blog. You can watch the recorded presentation here. The event is sponsored by Notre Dame Law School and Hogan…
…whether ITA is just another form of commercial arbitration or rather whether it is purely a species of public international law. As contrasted with commercial arbitration, ITA looks at the…
…of its claim. According to the tribunal: “The third party funding exacerbates the concern engendered by RSM’s conduct in the Annulment Proceeding and the Treaty Proceeding. It places an unfunded…
…arbitrators have extensive experience with tripartite arbitration, streamlined or fast-track processes, ad hoc arbitration, and arbitration under non-administered rules, and some have arbitrated under final-offer, appellate, and emergency procedures. Some…
…or not suspended by agreement for a period of 60 days after such judgment or judgments become final and non-appealable.” Typically, an ICSID or international commercial arbitration award (ICC, LCIA,…
…jurisdiction; • the parties’ choice as to the applicable evidentiary rules in the arbitration proceedings; • the conduct of the parties during the arbitral proceedings; and • whether the admission…
…recalling that the task of each individual tribunal or judicial body is to apply the particular legal provisions governing the case before it, and to do so within the context…
…of arbitral rules (commonly the UNCITRAL Rules) but administered by another institution. For parties choosing the latter option, the UNCITRAL Arbitration Rules are a popular choice. These provisions, first brought…
One of the fundamental issues of investment cases – apparently more frivolous than the strictly legal battles – takes the form of debates over the applicable compensation standard. Historically speaking,…
…executive management, the DIAC counts true arbitration prominence, such as the doyen of international arbitration Martin Hunter of Essex Court Chambers in London and former Director Nassib Ziade, who held…
The IBA recently revised its Guidelines on Conflicts of Interest in International Arbitration. This was the culmination of a review by the IBA Arbitration Committee, which began in 2012. The…
The Inaugural Conference of the European Federation for Investment Law and Arbitration (EFILA) took place on Friday, 23 January 2015, in the Senate House of the Queen Mary University of…
…its Article 26, that “[c]onsent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy”….
…Spain cases. The legal standard for access of the EC as a non-disputing party to investment arbitration has opened a broad debate. According to ICSID Arbitration Rule 37.2, the arbitral…
…its internal rules (“Internal Rules”) to modify, among others, the provisions on recognition of awards. Resolution 9/2005 was revoked and its articles were transferred, with some modifications, to the Internal…
…public disputes. Initiatives like the recent UNCITRAL Rules on Transparency in Treaty-based Investment Arbitration and the brand new UN Convention on Transparency in Treaty-based Investment Arbitration are making great strides…
…providing for arbitration before a CAS panel as a prerequisite to her participation in speed skating competitions. The court reasoned that under the CAS arbitration rules in force when Ms…
