In further nod to the non-interventionist and pro-arbitration stance of the Singapore courts, the Singapore Court of Appeal in BLC and ors v. BLB and anor [2014] SGCA 40 (“the…
In its Award on Jurisdiction and Admissibility, a unanimous tribunal in Apotex, Inc. v. United States dismissed a Canadian manufacturer’s claims that the United States judiciary had violated NAFTA by…
…especially in ad-hoc arbitrations. Encouraging Institutional Arbitration The Commission has suggested promotion of institutional arbitration by recommending appropriate proposals which it hopes will be used by the SC and HCs…
Enactment of a federal arbitration law has been ‘imminent’ since the United Arab Emirates acceded to the New York Convention in 2006 (the ‘Convention’). Once enacted, it is expected that…
…public interest. The discourse around ISDS has become more heated than could have been anticipated only a few years ago. Certainly, high profile arbitration claims have led many to believe…
…disputes to arbitration? An effective arbitration agreement is an essential pre-condition to arbitration but, in spite of this, a significant percentage of arbitration clauses are pathological in some way. Whether…
The Young ICCA’s Workshop on “The Art of Persuasion” brought together, from all parts of the world, a future generation of arbitration lawyers and the reunited outgoing and incoming presidents…
…send your quiz answers to Oskar Toivonen at Kluwer.arbitration.quiz@gmail.com. This email account will only be active until the end of August 2014. International Arbitration Word Search International Arbitration Crossword Puzzle…
…arbitration clause. Whilst the Court ultimately determined that the law of the seat of the arbitration (England & Wales) governed the arbitration clause, the case illustrated that failing to specify…
…arbitral award? A. The American Arbitration Association in New York (AAA) B. The Hong Kong International Arbitration Centre (HKIAC) C. The Court of Arbitration of the Finnish Chamber of Commerce…
…question of whether issues arising and decided in an arbitration should be treated as settled in subsequent court proceedings brought by a non-party to the arbitration. The factual and procedural…
The Austrian Supreme Court (OGH) confirmed that an arbitrator who is dismissed during the arbitration by a state court because of conflict of interest before the award is rendered may…
…response was a bit alarming, at least from an arbitration perspective. The Court of Appeals of the Mato Grosso do Sul state recently upheld an anti-arbitration injunction requested by Petroplus…
…the tribunal rendered a Partial Consent Award recording that- “…the juridical seat (or legal place) of arbitration for the purposes of arbitration initiated under the Claimants’ Notice of Arbitration… shall…
…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
…arbitration agreement for a non-signatory – a well-known and highly-debated phenomenon since the Dow Chemical arbitration. The Dow Chemical case According to the award rendered in the Dow Chemical arbitration…
…preliminary injunction preventing a defendant from disposing of assets pending the resolution of the underlying substantive (arbitration or court) proceedings. Its issue in support of an arbitration proceeding significantly impacts…
…when the new arbitration law entered into force. The Court ruled that, nevertheless, the “manifest” criterion must be applied when reviewing arbitral awards under the current German arbitration law. To…
…arbitration conferences as children’s tables are at weddings. Just like at weddings, the adults occasionally wander over to check on things and ask, “did you like the arbitration? Wasn’t it…
…practical consideration may lead to theoretical concerns. In my opinion, the impartiality and independence of the arbitrators are corner stones of arbitration and without them we do not have arbitration,…
…International Arbitration Lecture, Arbitration International 29, 327, 340, (LCIA 2013) (stressing that investor-state arbitration is a “different animal” than international commercial arbitration, not only because it involves sovereign states and…
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
…arbitration, including as speakers, and have a prominent role even in the bodies of some institutions including the ICC International Court of Arbitration and the ICC Commission on Arbitration and…
…the set aside proceedings because the arbitration agreement provided for: (i) London-seated arbitration; and (ii) English law as the law governing the arbitration agreement. According to the SCI, this “would…
