ICC Institute of World Business Law Prize
The ICC Institute of World Business Law has launched the 2013 edition of the Institute Prize for dissertations and essays on international commercial law, including arbitration, for anyone under the…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized
What Does the Fortune 1,000 Survey on Mediation, Arbitration and Conflict Management Portend for International Arbitration?
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other…
Recent ruling of Dubai Court of First Instance on enforcement of foreign arbitral awards: Back to square one?
…of First Instance relates to the enforcement of a trilogy of awards rendered under the Arbitration Rules of the International Chamber of Commerce (ICC) International Court of Arbitration in Paris…
BIT, ICSID Convention, International Law, Investment, Investment agreements, Investment Arbitration, Investment protection, Jurisdiction, Treaty Shopping
Drawing a Line: Corporate Restructuring and Treaty Shopping in ICSID Arbitration
…206; See also Smutny & Polášek, Unlawful or Bad Faith Conduct as a Bar to Claims in Investment Arbitration in Werner & Ali (eds.) A Liber Amicorum: Thomas Wälde Law…
Impact of Brussels I’s Recasting on Arbitration: Putting Enforcement Problems on Statutory Basis (Part II)
…bring about against the background of the same example. While arbitration has been excluded from Brussels I, some grassroots of arbitration concern seem to creep in. Given the natural interrelation…
Arbitration, Arbitration Act, Domestic Courts, Domestic law, Enforcement, Europe, Evidence, Interim Orders
State Court Assistance Moving Forward in Portugal?
…for a new arbitration law that could bring to Portugal a regulatory framework closer to the UNCITRAL Model Law on International Commercial Arbitration. The goal was not only to make…
Anti-arbitration, Arbitral seat, Arbitration Institutions and Rules, Dispute Resolution, International arbitration, Mediation, Uncategorized
A Dispute with a View
Construction work at the Florence Chamber of Commerce has forced the city’s arbitration and mediation services to relocate to new offices the city was able to scrounge up. View from…
Results of the Kluwer Arbitration Blog’s first poll
…arbitrators and arbitration law firm partners graduated at a time when proportionally fewer women entered legal practice Party appointment system that enforces the status quo by favoring an elite handful…
Arbitration clause, Arbitration Institutions and Rules, Asia-Pacific, Enforcement of an arbitration clause, ICC Arbitration, Singapore International Arbitration Centre
Insigma Revisited: Singapore High Court Finds Arbitration Clause to be Operable
…new set of rules (the “2012 ICC Rules”). The 2012 ICC Rules include Rules 1(2) and 6(2) which state: The [International] Court [of Arbitration] is made the only body authorised…
Impact of Brussels I’s Recasting on Arbitration: Putting Enforcement Problems on Statutory Basis (Part I)
…of the more sensitive issues, subject to long litigation sagas – arbitration – Regulation 44/2001’s position remains unmoved: arbitration still falls outside the scope of the Regulation and the recognition…
The unfinished work of foreign investment protection in Africa
…Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia and Zimbabwe. The CCIA Agreement seeks to offer a new model of and approach to investor-state arbitration,…
Arbitrating in West and Central Africa: An Introduction to OHADA
…the north, the Arbitration Foundation of Southern Africa (AFSA) in the south, and more recently the London Court of International Arbitration in Mauritius (LCIA-MIAC) in the east. In Western and…
Appeal, Arbitration Awards, Asia-Pacific, China, Costs, Hong Kong, Set aside an arbitral award, UNCITRAL Model Law
Hong Kong Court of Final Appeal refuses leave to appeal in the Grand Pacific v. Pacific China case
…jurisdictions worldwide, Hong Kong adopts the UNCITRAL Model Law as part of its legal framework for arbitration, through the Hong Kong Arbitration Ordinance (Cap. 609)). In a controversial judgment in…
Facilitated enforcement of arbitral awards in Switzerland through freezing orders
…from the arbitration institution confirming that the award had been notified to A., and an affidavit from an English lawyer stating that the award had become final and enforceable under…
The new UAE Competition Law: Is it arbitrable or is it not arbitrable? – That is the question…
…by affected (third) parties in relation to damages caused by the various competition law infringements outlined above. Read in context with the remaining provisions of the new Law, this provision…
Alice in the World of Oral Argument
…the beginning of new friendships, new skills, more knowledge, formal victory notwithstanding. The lesson we all derive from participation is that success depends on enthusiasm and common effort. Stay challenged….
Two days left to participate in the Kluwer Arbitration Blog’s Inaugural Poll
We’ve had a great response from our readers on our very first poll. But, perpetual strivers that we are, we’d like to receive even more responses! If you haven’t already,…
Gary Born’s International Arbitration: Law and Practice
Gary Born’s latest addition to the international arbitration literature, International Arbitration: Law and Practice, is a nice bookend to his magisterial two-volume work on the same subject. Rather than simply…
Ancillary Discovery in Aid of Foreign or International Proceedings
…in the context of BIT arbitration and argues that there is now uniform agreement among federal courts that investment arbitration panels are “international tribunals” within the meaning of Section 1782….
Book Reviews – Top Three for Winter
…procedural conduct of an international arbitration. Strong’s book then addresses the enforcement of arbitration agreements, including (the uniquely American) motions to compel arbitration, as well as other means of enforcing…
Annulment, Arbitration Institutions and Rules, Arbitration Proceedings, arbitrators’ conduct, ICSID Convention, Investment Arbitration
Arbitral, Not Arbitrary – Part II: Special Case of Application of Arbitral Discretion. Functions Exercisable Proprio Motu in ICSID Arbitration
…International: 2009) at p. 90) Which actions may be taken proprio motu? According to Rule 41(2) of the ICSID Rules of Procedure for Arbitration Proceedings (“Arbitration Rules”) “The Tribunal may…
The Kluwer Arbitration Blog’s Inaugural Poll
…paucity of women might be most visible at the very top of the arbitration world, where there are very limited numbers of women arbitrators and arbitration partners, the problems faced…
Foreign Investment Law, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection
Notable 2012 policy developments in International Investment Protection
…EU investment agreements will likely permit investor-claimants to pursue arbitration under ICSID or UNCITRAL auspices, but will also give them the right to seek arbitration under any “other” rules provided…
Arbitration Agreements, Arbitration Proceedings, Middle East, New York Convention, United Arab Emirates
Dubai Court confirms jurisdiction to stay proceedings in favour of foreign arbitrations: Nothing more to fear … and further lessons to be learnt
…a stay is appropriate. If the matter is submitted to arbitration, neither the DIAC [in accordance with Article 6.2 of the DIAC Arbitration Rules] nor the arbitration tribunal would be…