…companies in the group present claims, the principle of res judicata will not apply since the parties are, formally, not the same. In their Legal Opinion in the CME v….
Readers of this blog may be interested to know of an opportunity to participate in the creation of a forthcoming special issue of Transnational Dispute Management (TDM), entitled “Reform of…
…the arbitration tribunal has already been constituted and the arbitration is ongoing because the tribunal itself can provide the requested relief. On the other hand, where an arbitration tribunal has…
…for Dispute Resolution of the American Arbitration Association. The Superior Court overturned the award because it thought that the arbitrators did not apply rules of Venezuelan public policy while deciding…
…Genentech argued before the arbitral tribunal in the parallel ICC arbitration (the ‘Tribunal’) that the judgment of the CAFC disposed of all the issues in the arbitration. At that stage,…
…[sic] of Arbitration”, and Article 2.1 of the Appendix on Costs of Arbitration annexed to the DIAC Rules, which provides verbatim as follows: “The costs of the arbitration shall include…
…different jurisdictions. However, the prospective investor must read with caution this Summary, at least regarding arbitration in Brazil. Here is the Summary regarding arbitration in Brazil, as published: “Brazil’s Arbitration…
…final and binding arbitration in New Jersey, pursuant to the rules of the American Arbitration Association with one arbitrator. Oxford filed a motion in federal court to vacate the arbitrator’s…
…mutually agreed-to arbitration rules, such as those issued by the United Nations Commission on International Trade Law (“UNCITRAL”) or the International Centre for Settlement of Investment Disputes (“ICSID”). B. The…
…the highest national courts of each such State. Outside of the ICSID process, arbitration awards carry significant weight through the provisions of the New York Convention, which limit the bases…
Kluwer Arbitration and Kluwer Law International are delighted to announce that the inaugural Kluwer Arbitration User Forum will be held in London (at the International Dispute Resolution Centre (IDRC), 70…
…the company and the builder had an arbitration clause. While the necessary steps for the commencement of arbitration were taken, one of the parties applied for an interim measure of…
…53) appears to extend all of the Arbitration Rules to an annulment proceeding. Since being amended in 1984, Arbitration Rule 53 states: “The provisions of these Rules shall apply mutatis…
…not affect the cases involving arbitration agreements that are subject to the Colombian arbitration Law 1563 of 2012. It should be noted that this new regime modernizes arbitration rules applicable…
…a set of rules on the subject entitled “IBA Rules for Investor-State Mediation” (hereinafter the IBA Mediation Rules). There is more to follow from various other sources, national and international,…
…effectiveness of an arbitration clause. Moreover, since the Brussels Regulation’s provisions about lis pendens and related actions do not apply to matters related to arbitration, this entails the risk that…
…policy considerations and the Shari‘a The provisions of the new Arbitration Law apply to arbitrations held under the Saudi Arbitration Law without prejudice to the provisions of the Islamic Shari‘a….
…amendments include new provisions for the consolidation of cases and joinder of parties, new guidelines for arbitrator independence, and new provisions for the appointment of interim and emergency arbitrators. Overall,…
…individuals and State conduct against the investment itself in order for that conduct to qualify as a violation of the BIT protections. Rompetrol’s case would “[stand or fall] by whether…
…the definition of “international arbitration” should be revised. A possibility is to define international arbitration as an arbitration which object involves more than one state. The current definition is based…
…clear, some reports seem to suggest that under UNASUR’s arbitration centre rules, greater deference will be given to the sovereign and regulatory needs of States, and an appeal and precedent…
…negotiations could be seen as an important piece of the nation’s “pivot” toward Asia, part of a new emphasis on economic, political and security relationships in Asia and an element…
…Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006). Note the peculiarities. There is no governing law clause, no arbitration seat, and no arbitration rules. If a…
…include the CIETAC rules (2012), the ICC rules (2012), the Swiss rules (2012), and the UNCITRAL rules (2010). SIAC’s new rules are significant in part because of the institution’s substantial…
