Arbitrator Intelligence: The Pilot Project and Beyond
…local rules precluding public access to court files. Also, in some places (such as New Zealand), the parties must give explicit consent before an award may be released. At the…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The CIETAC Feud: Big Brother Is Watching – But Is It Also Settling The Fight?
…to apply for arbitration; (ii) the matters to be referred to arbitration; and (iii) a designated arbitration commission. (2) In the present case, the parties had agreed on all of…
Inoperability of Arbitration Agreements due to Lack of Funds? Revisiting Legal Aid in International Arbitration
…Arbitration: New Opportunities and New Challenges, in: Müller/Rigozzi (eds), New Developments in International Commercial Arbitration 2013, 2013, pp. 183 et seq.). Perhaps the contingent fee practice could also be of…
New arbitration rules for the Victorian Supreme Court – another step in the State’s commitment to international commercial arbitration
…Arbitration Amendment) Rules 2014. These Arbitration Rules came into operation on 1 December 2014. The Arbitration Rules set out the procedure for both domestic and international arbitration (although the focus…
Appointment of arbitrators, Arbitrators, India, Singapore, Singapore International Arbitration Centre
Indian Supreme Court Declines to Intervene in International Arbitration with SIAC Appointing Authority
…arbitration, even though the parties had stated for the “venue” of the arbitration to be London. The Supreme Court found that the parties intended New Delhi, India, to be the…
The Singapore International Commercial Court: Friend or Foe to International Arbitration in Singapore?
…such as the new Singapore International Court Practice Directions (“SICC Practice Directions“) and the Legal Profession (Foreign Representation in Singapore International Commercial Court) Rules 2014 (“SICC Foreign Representation Rules“). The…
The jurisdictional limits of enforcing an arbitral award: Commercial Court finds no jurisdiction to impose worldwide freezing order against third parties outside England and Wales in support of an arbitration claim
…some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and (ii) the…
Fees of the Successfully Challenged Arbitrator?
…Commercial Arbitration in England 244 (end ed., 1989)) Under Austrian law, the successful challenge terminates the arbitrator’s contract pro futuro. The acts he took in the arbitration, however, remain valid…
Arbitral Award, Enforcement, Final Award, Interim Award, Singapore, Singapore International Arbitration Centre
The Finality of Interim Arbitral Awards in Singapore – How ‘Final’ is ‘Final’?
Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration. The…
New Indian Model BIT on the Anvil
…discusses the features of the new Model BIT that is being contemplated. Definition of Investment The definition of “investment” in the new model BIT might be amended to make it…
International Arbitration in the Americas: An Agent of Change?
…Colombia has a legal framework to address risks in infrastructure projects, and Colombia-bound investors should consider an arbitration clause specifying that Colombian law will apply, while the international arbitration will…
ONGC v Western GECO – A new impediment in Indian Arbitration
…award and allowed for ONGC to deduct liquidated damages. Effect of the Western GECO decision Section 5 of the Indian Arbitration Act 1996, which mirrors the provisions of Article 5…
A New Dawn for Mediation? The Launch of the Singapore International Mediation Centre (SIMC) and Introduction of the SIAC-SIMC Arb-Med-Arb Protocol
…and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force. The parties further agree…
The Witness Statement as Disclosure
…language to the effect that witness testimony “may be presented by a party in written form”. (New) LCIA Rules, Art. 20.2, see also Swiss Rules Art. 25(3); UNCITRAL Rules Art….
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
…legal rules in order to confer legal effects on previous decisions. While stating that arbitrators are not bound by previous decisions, the tribunal considered that previous decisions could be applied…
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
…shall be resolved strictly in accordance with these provisions. A remark should be raised here concerning the explicitness of the time-bar provisions: the Court has established the case law mainly…
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
…Article 25(1) of the ICSID Convention as well as both the ICSID Institution Rules (Article 2) and the ICSID Arbitration Rules (Rule 1). (para. 292) “The Tribunal . . ….
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…