…from the arbitration institution confirming that the award had been notified to A., and an affidavit from an English lawyer stating that the award had become final and enforceable under…
…arbitration of commitments in this context does not involve arbitration of competition law stricto sensu given that most commitments will be implemented by way of ordinary commercial agreements between the…
and Stanka Cherkezova With the finals of the Philip C. Jessup and Willem C. Vis Moot approaching it is a good time to spend a few words on oral advocacy…
We’ve had a great response from our readers on our very first poll. But, perpetual strivers that we are, we’d like to receive even more responses! If you haven’t already,…
Gary Born’s latest addition to the international arbitration literature, International Arbitration: Law and Practice, is a nice bookend to his magisterial two-volume work on the same subject. Rather than simply…
…in the context of BIT arbitration and argues that there is now uniform agreement among federal courts that investment arbitration panels are “international tribunals” within the meaning of Section 1782….
…procedural conduct of an international arbitration. Strong’s book then addresses the enforcement of arbitration agreements, including (the uniquely American) motions to compel arbitration, as well as other means of enforcing…
…International: 2009) at p. 90) Which actions may be taken proprio motu? According to Rule 41(2) of the ICSID Rules of Procedure for Arbitration Proceedings (“Arbitration Rules”) “The Tribunal may…
…paucity of women might be most visible at the very top of the arbitration world, where there are very limited numbers of women arbitrators and arbitration partners, the problems faced…
…EU investment agreements will likely permit investor-claimants to pursue arbitration under ICSID or UNCITRAL auspices, but will also give them the right to seek arbitration under any “other” rules provided…
…of non-DIFC arbitration clearly confirms the overall arbitration-friendliness of the DIFC Courts and their unwavering support for arbitration both inside and outside the DIFC. Apart from the DIFC Court’s proper…
Last year, international media reported that the Ministry of Defense of Iran and Aerospace Industries Organization have commenced an arbitration against their Russian state-owned defense contractor Rosoboronexport over the latter’s…
The problem of arbitral discretion has major implications on the rights of the parties. It is a concept foundational to international arbitration. Yet, it has proven to be so elusive…
…fundamental principle in international arbitration. This is in large part accomplished simply through its reference to the concept of enforceability. A core feature of international arbitration—and one that gives it…
…the establishment of an arbitration center as an alternative to the ICSID. Some might be rubbing their hands and wait impatiently for the next arbitrations coming with the next Argentinian…
…arbitration seats according to the 2010 Queen Mary/White & Case International Arbitration Survey (London being the most commonly preferred). The Survey was repeated in 2012, although it focussed on current…
…provide for the Government’s consent to settle disputes with foreign investors by means of international arbitration, be it under the rules of ICSID, UNCITRAL or any other international arbitral institution….
by Patricio Grané and Brian Bombassaro The year 2012 brought eight new investor-state arbitration decisions on umbrella clauses.1)(1) Société Générale de Surveillance S.A. v. Republic of Paraguay, ICSID Case No….
…arbitration agreement, one condition for consolidation is that the arbitration agreements must be “compatible”. While not defined, it is stated in the ICC Secretariat’s Guide to ICC Arbitration (2012) that…
…Arbitration. He also brings a wealth of international law knowledge to the subject, including public and private dispute resolution, international courts and tribunals, the United Nations, the law of the…
…individual arbitration or litigation. The Second Circuit held that under these circumstances, the arbitration agreement operated to “grant Amex de facto immunity from antitrust liability by removing the plaintiffs’ only…
…law] allows removal of any action in state court in which ‘the subject matter … relates to an arbitration agreement or award falling under the Convention’ [Convention on the Recognition…
…event that any dispute could not be settled by “mediation” pursuant to Clause 37.2, such dispute should then be settled by SIAC arbitration instead. Lufthansa initiated SIAC arbitration against IRCP…
Trans-Pacific Partnership (TPP) negotiations have become the territory where a brewing perfect storm over investor-state dispute resolution (ISDR) is making landfall. The June 2012 leak of the draft TPP Investment…
