…looks at the role of law firms, arbitrators and third-party funders in investment treaty arbitration. In it, we argued that the arbitration industry has fuelled an investor-state dispute boom over…
…to its dragging Argentina to international arbitration. While a number of arbitration lawyers and institutions have since petitioned the U.S. Supreme Court to hear BG’s last-ditch appeal, the procedural requirement…
…justice to an impecunious party who may have a credible / meritorious claim. Arbitration finance is a specialty corporate finance focused on arbitration claims (i.e. the award proceeds) as assets…
…to which professional rules bind counsel. Accordingly, international arbitration is considered by some to be an ‘ethical no-man’s land’. The result is that parties in an international arbitration are often…
…occured (Australia: International Arbitration Act 1974 (Cth) (the IAA), s 19; New Zealand: Arbitration Act 1996 (the 1996 Act), First Schedule, arts 34(6) and 36(3)). This form of drafting opens…
…95(b); Amto v. Ukraine, Arbitration no. 080/2005 SCC Rules, Final Award of March 26, 2008, para. 110; EDF (Services) Limited v. Romania, ICSID Case no. ARB/05/13, Award of October 8,…
…filed a request for arbitration. Arguments At its core, the dispute concerned the termination of the Participation Contract between Oxy and Ecuador. Specifically, Oxy advanced two arguments. First, in terminating…
…commercial claims under the auspices of international arbitration institutions? Many arbitral rules have recently undergone rigorous review and changes from appointed committees, such as the ICC Arbitration Rules. However, no…
…as education, professional training, nationality, language skills, and arbitration experience. Arbitrator webpages would also include links to all publicly available arbitral awards associated with the arbitrator, and all judicial opinions…
…later, Y initiated arbitration proceedings against X under the ICC Rules. The seat of the arbitration was Geneva. As in Vivendi vs. Elektrim, the issue was whether the arbitral tribunal…
Whereas cases of direct expropriation have become relatively rare in international investment arbitration and claims of breach of fair and equitable treatment obligation or indirect expropriation are currently more common,…
…the DIFC Courts to grant a stay in the presence of a valid arbitration agreement providing for a seat of arbitration outside the DIFC. Justice Williams in his decision in…
…agreement, the defendants commenced arbitration proceedings under the Singapore International Arbitration Centre Rules 2010 (SIAC Rules). They successfully applied to the tribunal for an interim order under r26.1 of the…
…Arbitration Court (Corte Civil y Mercantil de Arbitraje – CIMA) and the arbitration court of the Madrid bar association. Barcelona has the Barcelona Arbitration Court (Tribunal Arbitral de Barcelona –…
…providing parties to potential arbitration proceedings with the opportunity to apply directly to the Chinese courts (either on an ex parte or on notice basis) for pre-arbitration preservation of evidence…
…would be overturned on appeal remains to be seen. Since the relevant provisions in Singapore’s International Arbitration Act contain language very similar to s 2GG of Hong Kong’s Arbitration Ordinance,…
…plaintiff to invalidate the same, since it is established in law that the arbitration proceedings are deemed to have been observed, and any party alleging that the same are violated…
…need the eggs.” Parties to arbitration are part of our own problem. Naturally so, that’s why we’re in arbitration. We may view the other side as unreasonable or even crazy,…
…interfering with the arbitration process and as sending the wrong signals to arbitrators by discouraging co-operative approaches to the conduct of arbitration. But Flex-n-Gate clearly poses a challenge to that…
…outside the norm in international arbitration, whether depositions could be useful in international arbitration and finally, what principles should guide the use of depositions in international arbitration in the event…
…hand, putting the definition of good faith into a narrow box would seem unlikely either to cabin arbitral discretion or to make the arbitration process more fair or more efficient….
…the case should be submitted to arbitration even if the cost-shifting provision was invalidated. The district court twice denied BB&T’s motion to compel arbitration, holding the arbitration agreement was unconscionable…
…“differing legal orders.” In the landmark SGS v. Pakistan arbitration the tribunal recognized that “[a]s a matter of general principle, the same set of facts can give rise to different…
…explicitly named in the arbitration clause. Otherwise, the arbitration proceedings will be administered by the CIETAC headquarters in Beijing, even if the arbitration clause provides for the hearing to take…
