…as covering any preliminary objection, including under Rule 41(5). The same is true under Rule 53 of the Arbitration Rules, which provides that “[t]he provisions of these Rules shall apply…
…concerns the situation where a person is under an existing legal obligation or liability or subject to an existing legal restriction which he deliberately evades or whose enforcement he deliberately…
…private international law or international arbitration, at the Lauterpacht Centre for International Law at the University of Cambridge. The Brandon Fellow will be awarded £3,000 for a stay of minimum…
The Permanent Court of Arbitration has just updated its website so as to offer information about the pending arbitration initiated by the Philippines against China pursuant to Annex VII of…
…a general rule, international arbitral awards are final, binding and enforceable, regardless of who the parties are. Arbitration awards against a State entity are commonly enforced either under the 1965…
…party that disputes being subject to arbitration.” (para. 16) The issue of bifurcation of proceedings in investment arbitration has been little explored partly due to the limited number of publicly…
…with respect to the potential inclusion of an investor-State dispute settlement mechanism, have been criticized on policy grounds by certain judges, legislators, scholars, and organizations. As a legal matter, however,…
A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic…
…detailed information and pleading on the mandatory corporate law provisions of X” or “we will likely need considerable background on the customs and practices of widget trading in Y”). This…
The new arbitration rules of CEPANI (The Belgian Center for Arbitration and Mediation) came into force on 1 January 2013 and change the 2005 rules considerably. They will soon be…
…be resolved through arbitration. When a dispute arose a notice of arbitration was issued by Texaco and Statoil. NNPC subsequently sought an ex parte injunction to prevent the proceedings from…
…courts of the country in which the arbitration has its seat. The Arbitration and Conciliation Act provides for the setting aside proceedings against an arbitral award under Section 34, which…
…and sharing best practices. Arbitration’s Gang of Four The “Gang” consists of the German Institution of Arbitration (DIS), the Milan Chamber of Arbitration, the Arbitration Institution of the Stockholm Chamber…
…for many disputes are the rules of treaty interpretation contained in Articles 31, 32, and 33 of the VCLT. In that context, there are some signs of a gathering movement…
…historical setting, the legal system of the time (including the place of mediation and arbitration within the English legal system) and the sources the book is based on. In the…
…in the PCA Arbitration Rules expressly allowing for third party submissions (as in the ICSID Arbitration Rules / UNCITRAL Transparency Rules), and the rules are also silent on third party…
…equity. Articles 161 and 165 were changed and now the type of arbitration shall be de jure arbitration so the tribunal decides based on the applicable legal provisions. It is…
…our Kluwer Arbitration author panel (you get to ask the questions), be informed of recent developments in international arbitration and hear about the latest enhancements and new initiatives on Kluwer…
…one of the parties to the arbitration agreement and a company incorporated in South Africa, had been in provisional liquidation at the time of signature of the arbitration agreement. This…
…(offering one party the choice between various national state courts), others may contain an arbitration option (giving one party the choice between arbitration and national courts). In the Rothschild case,…
…a new draft arbitration law has been prepared, which is based on the UNCITRAL Model Law on International Commercial Arbitration and will deal with the recognition of contractual provisions for…
…to harass or cause unnecessary delay will be particularly difficult to apply when considering those legal families that are used to the broadest production obligations. One legal family’s harassment is…
…77% state that secretaries “communicate with the parties“, 70% that they “prepare drafts of procedural orders and non-substantive parts of awards“, 47% that they conduct “legal research”, and 10% that…
…is to align Belgium’s arbitration law to the UNCITRAL Model Law and confirm Belgium’s friendliness towards arbitration. Historically, Belgium’s arbitration law has always been slightly isolated. It was originally based…
