A Fine Line: Admissibility of Global Claims
…the SchiedsVZ | German Arbitration Journal, Vol. 21, No. 4 (2023), which is also included on Kluwer Arbitration. See here for more information on and other contributions to the Journal….
Search Results for: efficient arbitration
Arbitration Proceedings, Corporate disputes, Dispute resolution clause, ISDS, Philippines, SIAC, Technology
SIAC Manila Conference 2023: Deep Dive into Arbitration Trends in the Philippines
…Ms. Lim emphasized the global surge in popularity of arbitration, along with SIAC’s rise to become the world’s second most-preferred arbitration institution, with users over the past five years spanning…
Arbitration With Public Entities in Brazil: Must Regulatory Agencies Participate?
…upon a provisory adjustment and determining that the permanent tariff revision would be discussed by means of arbitration proceedings to be filed in accordance with the arbitration agreement contained in…
Chile’s CAM Santiago Unveils Its First Regulation On Emergency Arbitration
On 11 August 2023, the Santiago Arbitration and Mediation Center (“CAM Santiago”) – Chile’s main arbitration center – presented its new regulation on emergency arbitration, which was incorporated into the…
Why Won’t AI Replace Quantum Experts?
…commenting on how ChatGPT may impact dispute resolution or international arbitration. In this post, I focus on my view as it relates to quantum experts. Quantum experts are professionals who…
BIT, Enforcement, India, Investment Disputes, Investor-State arbitration, Jurisdiction, Set aside an arbitral award, Singapore, Switzerland
No “Third Bite at the Cherry”: Singaporean and Swiss Courts Reject State’s Jurisdictional Objections in Enforcement and Set-aside Proceedings
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the fair and…
An Aroma of Conflict: The Importance of Context in Model Law Set-Asides
…set aside an award in the right context. Background The underlying arbitration (the “Arbitration”) was a coffee franchise dispute between Aroma Canada (a master franchisee based in Canada) and…
Corruption Under Scrutiny: The Ratione Materiae Objection in Panamericana Televisión v. Peru
…of Peru. In 2019, Pantel and the Schütz Siblings (“Claimants”) began an arbitration proceeding against Peru alleging moral, extra-patrimonial and patrimonial damages, in breach of Articles 2, 3(1), 3(2), and…
CBAr 22nd International Arbitration Conference: Business Contracts and Party Autonomy in Times of Instability and Uncertainty
On the final day of the CBAr 22nd International Arbitration Conference, the main theme discussed was party autonomy in business contracts, especially amidst scenarios of instability. At a first glance,…
CBAR 22nd International Arbitration Conference: The Ideal Arbitrator, Arbitrability and Diversity
On 14 September 2023, the Brazilian Arbitration Committee — CBAr hosted the 2nd day of its annual International Arbitration Conference, following this year’s overarching theme on “Arbitration and Business Contracts”….
CBAr 22nd International Arbitration Conference: CISG in Brazil, UNIDROIT Principles in Corporate Arbitrations, and the Arbitrator’s Role in Strengthening Business Contracts
…and the arbitrator, (ii) business contracts and arbitration proceedings, (iii) arbitrability and business contracts, (iv) arbitration and contractual imbalance, (v) arbitration in regulated sectors (electricity and oil and gas) and…
Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In
…award against non-signatories. The arbitration was seated in Russia, but conducted in the German language and under German law. The Court found German law applied to the arbitration agreement as…
Case Management, Consolidation, Early Dismissal, Emergency Arbitrator, Expedited Proceedings, Preliminary Ruling, SIAC
The 2023 SIAC Draft Rules: Raising the Bar for Efficiency
…the initiation of arbitration is no longer a prerequisite for seeking relief in emergency arbitration. Additionally, there is a safeguard against the filing of frivolous emergency arbitration applications, as parties…
The Third ICC Kuwait Arbitration Day Conference: Taking Stock of the Present and Looking Ahead to New Horizons in Arbitration
…collectively. Shahdadpuri also touched on the resilience and buoyancy of the Kuwaiti arbitration community in assessing the steps required to progress Kuwait’s arbitration landscape. Her welcome remarks set the tone…
Check-Mate to ICSID Treaty-Based Arbitration in Ecuador: The Constitutional Court’s Decision on the Ecuador-Costa Rica FTA’s Constitutionality
…curiae on behalf of the Ecuadorian Arbitration Institute and Ecuador Very Young Arbitration Practitioners (ECUVYAP) dealing with these issues, and recalling the Court’s obligation to interpret Art. 422 in light…
The Law Commission’s Recommendations on Jurisdictional Challenges: Playing Your Cards Right
…agreement. A party cannot, however, approach the court for a declaration that there is a binding arbitration agreement before it commences arbitration proceedings – see HC Trading Malta Ltd v…
Arbitrability and Enforcement in the Philippines: The Maynilad Case
…then separately submitted their disputes to arbitration, i.e., the Maynilad arbitration and the Manila Water arbitration. In the Manila Water arbitration, it was decided that Manila Water could not increase…
Atlanta International Arbitration Society’s (AtlAS) 12th Annual Conference
…rulings, and arbitration procedures within insurance arbitration. The latter tertulia discussed the rise of multi-party and multi-claim construction arbitration, where the bifurcation of such issues has become more commonplace due…
Artificial Intelligence, Contract Drafting, Corporate disputes, HK Arbitration Week, HKIAC, Hong Kong, Private Equity
Hong Kong Arbitration Week Recap: Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness
On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”….
Fee Agreeements, HK Arbitration Week, HKIAC, Hong Kong, outcome related fee structures, Third party funding
Hong Kong Arbitration Week Recap: Update on Outcome Related Fee Structure for Arbitration in Hong Kong
On the third day of Hong Kong Arbitration Week 2023, the ADR in Asia Conference, the flagship event of the Hong Kong Arbitration Week, hosted a panel discussion on the…
Hong Kong Arbitration Week Recap: A Step Forward or Challenges for the 21st Century?
On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person…
HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Multi-tiered clauses, outcome related fee structures
Recent Developments in Hong Kong Arbitration
…Hong Kong legislators continued the reformation of arbitration fee structures. Following extensive consideration, the Arbitration and Legal Practitioners Legislation (Outcome Related Fee Structures for Arbitration) (Amendment) Ordinance 2022 and the…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Southeast Asia. The Assistant Editor reports directly to the…
Arbitrators, Conflicts of interest, Corruption, Decision Making, IBA Guidelines on Conflicts of Interest, ICSID, In House Counsel, Independence and Impartiality, Institutional Arbitration, International arbitration, ISDS, Law Firms, Technology, UNCITRAL
Reflecting on the ICAL 20th Anniversary Conference: Evolution or Revolution? Navigating the Future of International Arbitration
…maintaining arbitration’s legitimacy. Demonstrative of this is the current reform efforts of various international soft law instruments. Erica Stein (Stein Arbitration) noted that this year the IBA Arbitration Committee constituted…