…special provisions regulating institutional arbitration. These provisions state that the parties’ choice of an arbitration institution triggers the automatic application of the rules of arbitration of that institution. Moreover, it…
by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to…
…say you manage proceedings with a firm hand? How long do you think an arbitration should last? Do think it is appropriate for a tribunal to decide dispositive issues at…
…and the American Society of International Law (ASIL) just prior to the ASIL annual meeting. This 10th ITA-ASIL event – Gateway Issues in International Arbitration – has an all-star line-up….
At a conference a few years back, a well-known and respected arbitrator was speaking on the topic of predictability and consistency of arbitral decision making in investment treaty arbitration. The…
A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many key topics, including…
…(investment tribunals have on several occasions agreed to grant non-monetary relief [On non-monetary relief in investment arbitration, see for instance: C. Schreuer, “Non-pecuniary Remedies in ICSID Arbitration”, AI, 2012; M….
…Arbitration Chapter 14: Procedures in International Arbitration Chapter 15: Disclosure in International Arbitration Chapter 16: Provisional Measures in International Arbitration Chapter 17: Consolidation, Joinder and Intervention in International Arbitration Chapter…
…against India under Paragraph 2(b) of Annexure G to the Treaty. The Court of Arbitration consisted of seven members, namely; Judge Stephen M. Schwebel (Chairman), Sir Franklin Berman KCMG QC,…
The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the arbitrators.”…
…submit their dispute to arbitration, not enforcement of any disputed right submitted to arbitration.” (Decision at ¶34 (emphasis added)) That the Court can enforce an award but not, save in…
The ICC Institute of World Business Law has launched the 2013 edition of the Institute Prize for dissertations and essays on international commercial law, including arbitration, for anyone under the…
…arbitration hearings. Such developments are likely to be stimulated to the extent that businesses perceive international arbitration is becoming more costly and less efficient—a perception that has factored significantly in…
…of First Instance relates to the enforcement of a trilogy of awards rendered under the Arbitration Rules of the International Chamber of Commerce (ICC) International Court of Arbitration in Paris…
…the situation of an investor whose investment is threatened but he does not have access to ICSID arbitration. Is corporate restructuring an option? For this purpose, treaty-shopping may be defined…
…bring about against the background of the same example. While arbitration has been excluded from Brussels I, some grassroots of arbitration concern seem to creep in. Given the natural interrelation…
…in the 1986 Voluntary Arbitration Law. One of the matters which was not regulated by the previous arbitration law was the granting of interim measures within arbitration proceedings. In respect…
…the German Arbitration Institute, is more disciplined, centralized and, well, let’s just say more… German. The DIS provides the arbitration and mediation services for over a dozen municipal chambers of…
…But first, here’s a quick backgrounder: Our first poll asked participants to rate three different potential reasons for the long-standing under-representation of women in arbitration: Generational issues: today’s top female…
…HKL resisted Rizq’s application, saying that the arbitration clause was inoperable because there was no entity in Singapore named the “Arbitration Committee”. Rizq argued that although the arbitration clause was…
…of the more sensitive issues, subject to long litigation sagas – arbitration – Regulation 44/2001’s position remains unmoved: arbitration still falls outside the scope of the Regulation and the recognition…
…Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia and Zimbabwe. The CCIA Agreement seeks to offer a new model of and approach to investor-state arbitration,…
…to institutional arbitration under the CCJA, however, OHADA also provides for ad hoc arbitration under the Uniform Act on Arbitration (UAA), as adopted in 1999. Consistent with other ad hoc…
…jurisdictions worldwide, Hong Kong adopts the UNCITRAL Model Law as part of its legal framework for arbitration, through the Hong Kong Arbitration Ordinance (Cap. 609)). In a controversial judgment in…
