…in a breach of treaty provisions, unless it be proved that the state… has gone beyond its role as a mere party to the contract, and has exercised the specific…
…become increasingly frequent for all the reasons stated above. Notably, the arbitration agreement provided by the CCEE Trading Convention provides for arbitration under the Rules of the FGV Arbitration Chamber…
…in accordance with an arbitration clause that provides for arbitration by that sub-commission, the said sub-commission must apply CIETAC Arbitration Rules (2012) to the case; and • pursuant to the…
…the pool of rules from which the tribunal may select the particular rules appropriate for application in the concrete factual situation. Which rules would be proper for application is thus…
…of the Arbitration Law concern, among others, the submission to arbitration of corporate disputes, the participation of public entities in arbitration and the arbitration of consumer disputes. In addition, the…
…or other obligations under the MOU could be the subject to international arbitration enforceable under the New York Convention in that corporation’s home country. I have long advocated the use…
…in Paris, the non-profit organization Paris Place d’Arbitrage introduced its new ad hoc “Paris Arbitration Rules”, in front of 200 law practitioners from the arbitration community. These ad hoc rules…
…the arbitral proceedings themselves and any ancillary proceedings in the national courts. However, with respect to enforcement, often neither the arbitration agreement itself nor the New York and ICSID Convention…
…every citizen of the country has the right to terminate his or her civil or commercial matters through arbitration. July 2002 marked a dramatic change in the arbitration landscape, when…
…to a significant extent similar to the one in Scenario 2. The primary applicable rules would be those particular rules governing the nexus-based relationship. Since the nexus is a national…
…inter alia the Permanent Court of Arbitration, the Iran-US Claims Tribunal, P.R.I.M.E. Finance (see here), the Netherlands Arbitration Institute (“NAI”), Maritime arbitration institute TAMARA and numerous other private arbitration institutions….
…para. 44; Gas Natural SDG, S.A. v. Argentina, ICSID Case No. ARB/03/10, Decision on Jurisdiction, June 17, 2005, para. 34; BG Group Plc. v. Argentina (UNCITRAL Arbitration Rules) Final Award,…
…United States of America was initiating arbitration against the Republic of Guatemala. The U.S.A. turned to arbitration after determining that Guatemala was failing to enforce its own labor laws, thus…
…special provisions regulating institutional arbitration. These provisions state that the parties’ choice of an arbitration institution triggers the automatic application of the rules of arbitration of that institution. Moreover, it…
…Arbitration Rules, due for release later this year. Although the amendment was initially prompted by the anticipated change to the HKIAC Rules, it will allow Hong Kong courts to enforce…
…say you manage proceedings with a firm hand? How long do you think an arbitration should last? Do think it is appropriate for a tribunal to decide dispositive issues at…
…and the American Society of International Law (ASIL) just prior to the ASIL annual meeting. This 10th ITA-ASIL event – Gateway Issues in International Arbitration – has an all-star line-up….
…investor-state arbitration provisions. (To be clear, I not arguing that there is jurisprudence constante on whether a “garden variety” MFN clause applies to dispute settlement. I am simply using Prof….
…with limited actual changes. In 2011, the IBA released their latest guidelines on this area, entitled The IBA Principles on Conduct for the Legal Profession (referred to generally herein as…
…draft law still has to receive parliamentary approval. Achmea’s new notice of arbitration dated 6 February 2013 appears to be a direct reaction to the new regulation that may be…
…Chapter 1: Overview of International Commercial Arbitration Part I – International Arbitration Agreements Chapter 2: Legal Framework for International Arbitration Agreements Chapter 3: International Arbitration Agreements and the Separability Presumption…
…against India under Paragraph 2(b) of Annexure G to the Treaty. The Court of Arbitration consisted of seven members, namely; Judge Stephen M. Schwebel (Chairman), Sir Franklin Berman KCMG QC,…
The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the arbitrators.”…
…of the Australian Government’s resolution to no longer include investor-state dispute settlement provisions in BITs and FTAs, a decision which sent shockwaves throughout the international arbitration community and placed a…
