The Recast Brussels Regulation and “Domestic” Arbitrations
…the London award involving Brazilian parties, Part III of the Arbitration Act would not apply to the award because Section 100(1) defines a “New York Convention award” purely in terms…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Multilateral Investment Treaties? A View from China
…discussed how to make use of the similarities between countries, legal cultures, and languages so as to facilitate international dispute resolution (‘Commercial Arbitration between China and the Portuguese-Speaking World’, Kluwer…
The Court of Arbitration at the Polish Chamber of Commerce Adopts New Rules
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
Preliminary Findings From An Empirical Study of International Commercial Mediation and Conciliation
Two months ago, readers of the Kluwer Arbitration blog were asked to participate in some ongoing surveys relating international commercial mediation and conciliation. The studies were being conducted to assist…
Allocation of Costs in ICSID Arbitration
…respondent for the conduct that made it liable to the claimant.” (UNCITRAL Rules, Final Award 30 December 2002, para. 45) Consequently, only the procedural conduct of the parties should be…
Arbitration, BIT, Canada, Foreign Investment Law, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Uncategorized, United Arab Emirates
ICSID Tribunal declines personal jurisdiction over dual national under Egypt-UAE BIT
…under the rules of the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) in relation to a contractual dispute between the Claimant and the Egyptian Petroleum Corporation (“EGPC”) arising from…
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…the field of arbitration, and is engaged in international and internal cooperation within the system of Chambers in Romania. According to the 2014 Rules of Arbitration Procedure (the “Arbitration Rules”),…
Enforcing Awards Following a Decision at the Seat: the US or the French Approach?
…of arbitration unless the decision ‘violates basic notions of justice’. Accordingly, if an award is set aside at the seat of arbitration, a US court will refuse enforcement of the…
Challenging Arbitral Awards in Singapore
…Arbitration Act (the “IAA”). Applications for arbitration awards to be set aside can be granted if one of the limited grounds in Article 34(2) of the UNCITRAL Model Law (which…
Hong Kong Emerges as Russia’s Refuge while the EU’s Sanctions Cripple Major Russian Businesses
…the Hong Kong International Arbitration Centre unveiled a Russian translation of its 2013 Administered Arbitration Rules. This is a welcome addition to the Chinese, Spanish, Portuguese, Japanese, and Korean versions…
Arbitration, Arbitration Agreements, DIFC, Dispute, Dispute Resolution, Middle East, Uncategorized, United Arab Emirates
DIFC Court Practice Direction on the conversion of DIFC Court judgments into DIFC-LCIA awards goes full steam ahead!
In a recent lecture at the DIFC Courts (see Lecture Series No. 5, Practice Direction providing for the wider enforcement of Court Judgments through DIFC-LCIA Arbitration Centre, 19 November 2014),…
Israeli Supreme Court Lost between the Israeli Arbitration Act and the New York Convention
…for leave to appeal, the Supreme Court made two disconcerting findings. First, the Court found that the New York Convention did not apply to the parties’ arbitration agreement because, even…
Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy
A blast from the past… the ‘unified Arab investment treaty’ and finality of arbitration awards
…rules with regard to arbitration, those rules shall override any other rules laid down in the Egyptian arbitration law n°27/1994”. As a result, awards rendered under the context of UAIAC…
Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
The Growth of Arbitrator Power to Control Counsel Conduct
…when such powers can be properly applied. There is help in sight, however. Effective October 1, 2014, the new London Court of International Arbitration Rules (LCIA Rules), by giving arbitrators…
Appeal, Arbitration, Arbitration Awards, Awards, DIFC, Dubai, Enforcement, Middle East, Public Policy, Recognition and enforcement of arbitral award, Review on the merits, Uncategorized, United Arab Emirates
DIFC Court of Appeal confirms the DIFC’s status as host jurisdiction for recognition of domestic awards
…award rendered under the auspices of the Dubai International Arbitration Centre (DIAC)) even in the absence of any geographic nexus with the DIFC, not even the presence within it of…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor
Juries for Foreign Investment Disputes
…with investment arbitration. The popular discontent is grounded in something more fundamental: investment arbitration suffers from a legitimacy deficit. This legitimacy deficit has two sources being neocolonialism and legal formalism….
Job Posting: Associate Editor of the Kluwer Arbitration Blog
I am writing to announce an opening for the position of Associate Editor for the Kluwer Arbitration Blog. The Associate Editor will report directly to me and work closely with…
Arbitration under the Mexican Energy Reform: The Lessons of COMMISA v. PEMEX
…The arbitration regime of PEMEX and the CFE after the energy reform Under new Ley de Petroleos Mexicanos (new PEMEX law) as of August 11, 2014, project agreements are governed…
The Urgent Need for Data: Are the Needs of Users and the Dispute Resolution Market Misaligned?
…their rules or offering new products or services, they tend to be influenced by feedback from advisors, rather than users. This data clearly suggests that users need to express themselves,…
ArbWorld – Good Faith: The “LCIA Rules 2.0” Hidden Feature
…“LCIA Rules 2.0”. Indeed, the “LCIA Rules 2.0” incorporate two provisions setting forth the obligation to act in arbitration according to the principles of good faith. It having been newly…
BIT, Free Trade Agreements, NAFTA, Trade Promotion Authority, Trans-Pacific Partnership, Treaty, United States
U.S. Free Trade Agreements and Bilateral Investment Treaties: How Does Ratification Differ?
…Senate) who voted to approve the FTA, as opposed to 278 Members of the House of Representatives (or 64% of the House). However, depending on the context of the international…
Bad faith claims in challenge proceedings and counsel’s liability for costs
…by the rules? The topic was discussed earlier this year at a seminar organized in Stockholm by the Swedish Arbitration Association.1)Seminar of the Swedish Arbitration Association organised in Stockholm on…
Reflections on HKIAC’s Revised Model Arbitration Clause and Its Impact on Chinese Practice
…referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is…
The Consolidation Arbitrator – An Arbitrator Too Far?
Whilst many institutional rules now contain provisions which expressly address the complex issue of consolidation, the recently revised rules of the International Centre for Dispute Resolution (the “ICDR”), the international…