…seek rather to guide and “accommodate case-specific circumstances”. Where rules and regulations (e.g. laws, treaties, domestic statues, ethical rules, etc.) on the use of AI in international arbitration apply, whether…
…acts and its commercial activities. This case raised the critical question of when a state’s conduct shifts from exercising sovereign authority to acting as a purely commercial entity. Ultimately, the…
On 6-7 March 2024, experienced practitioners in international arbitration and mining disputes gathered at the Shangri-La in Toronto for the 2nd ITA Conference on International Arbitration in the Mining Sector….
…did not constitute a violation of any existing statutory provisions of the Arbitration Law of China PR or any of the CIETAC Arbitration Rules, and accordingly dismissed the applications. In…
…provisions underpinning any such claim. In the last three years, Mexico has seen a wave of investment cases pertaining to the mining industry. Canadians Coeur Mining, First Majestic, and Goldgroup…
…the UK’s announcement of its intention to withdraw, and later set out a more detailed roadmap to that effect. This post addresses the legal parameters for the UK’s withdrawal and…
…force points out, institutional rules and arbitration laws provide little guidance. None of the ICC, LCIA or UNCITRAL rules address the question of privilege, nor does the UNCITRAL Model Law….
…instance, article 53 of the CRCICA 2024 Arbitration Rules and articles 75 to 78 of the WIPO Arbitration Rules extend the confidentiality to the existence of the arbitration, the information…
…States shall “aim to” facilitate the generation of one million jobs in India. Both these provisions codify what is known as an obligation of conduct—an obligation to make an honest…
…and arbitration. Against this backdrop, some important lessons can be drawn for practitioners. Facts The arbitration concerned an exclusive distribution agreement for footwear concluded between two companies, the French…
…the specifics of the new set-aside mechanism, and other amendments made to the Latvian arbitration law. Background Elimination of any or all grounds for setting aside of arbitral awards…
…Arbitration Act 1996 (the “EEA”). This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise to justifiable doubts…
…its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. The opening keynote by Bryan Garth set the…
…Thus, parties to non-ICSID arbitration proceedings (e.g., under UNCITRAL Rules) should be wary that fixing the seat of arbitration in an EU Member State clears the way for the respondent…
…Member of the Stockholm Chamber of Commerce (“SCC”), Simon Demaurex, Legal Counsel at the Swiss Arbitration Centre, and Ricardo Aprigliano, Vice President of the Centre for Arbitration and Mediation of…
…although there was never a presumption in the UK legal system that a parent company would be held liable for the acts of its subsidiaries, effective legal measures to hold…
…arbitration agreements. Third, investors might negotiate new or amend existing contracts with EU member states or their agencies to include provisions for arbitration with substantive protections, preferably seated outside the…
…on the rule of law in arbitration and on arbitration and regulations. These sessions provide a rather useful snippet into the complex challenges faced by the field of arbitration. …
…risky position. Where an investor elects to arbitrate under the UNCITRAL Rules instead, Veit considered the choice of the seat to be critical. In his view, where the arbitration is…
…specific legislation. CIETAC and the Shanghai Arbitration Commission have included specific rules for arbitration. By contrast, in Japan, funding is allowed for arbitration but not for domestic litigation. In Korea,…
…and substantive challenges in international arbitration. Navigating these challenges requires meticulous compliance with regulatory requirements and a deep understanding of the evolving legal landscape. As legal frameworks and judicial interpretations…
…Miles’ turn to provide the investment arbitration counsel’s perspective. There are two legal points to preliminary consider: from the investors’ side, the bonds as such must be assessed (e.g. their…
…These events provide insight into the current application of AI in arbitration and legal practice, and the potential challenges faced in use of AI. Arbitration Alchemy: AI, Psychology and…
…measures, security for costs), which are perfectly valid tools. And some procedural rules, such as e.g., the Rules of the London Court of International Arbitration (“LCIA”), allow arbitrators to be…
