‘Arbitrator Intelligence’ Is Here!
…Intelligence by – Tweeting about it, – “Liking” it on Facebook, – Giving it a shout-out at arbitration conferences and in arbitration online discussions, – Casually working it into cocktail…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Summary Judgment in International Arbitration – No Longer Dismissed?
…for non-payment (the “Fraud Defences”). The Guarantee included an arbitration clause providing for arbitration under the ICC Rules in New York. Travis commenced arbitral proceedings on 25 May 2012 and…
Harvesting Data to Shape the Future of International Dispute Resolution
…generated in recent years1)For example: IMI International Corporate Users ADR Survey and Fortune 1,000 Survey on Mediation, Arbitration and Conflict Management , the field is not proficient at inter-communication: arbitrators…
International Arbitration in a Time of Global Upheaval
…As international arbitration practitioners are learning, this effectiveness is not universally understood or regarded as a positive development. Debates are bubbling over about the impact of arbitration on legitimate national…
Enforcement of Arbitration Awards in Ukraine: Chances are Measured
Ukraine has a reputation of a country with an imperfect justice system. No wonder that the country is also pictured by many arbitration practitioners as one unfriendly to arbitration, though…
ICSID Convention, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL Rules on Transparency
Transparency as a Global Norm in International Investment Law
…assess their words. However, there are also critical aspects, such as the limited scope of application of the Rules. They only apply to arbitrations under the UNCITRAL Arbitration Rules that…
Precision and Legitimacy in International Arbitration: Empirical Insights from ICCA
…revealed that individuals who had served as arbitration counsel and/or arbitrator considered issues burden of proof to frequently be outcome determinative in arbitration cases. Nevertheless, those same respondents indicated that…
Answers to the Summer Quiz 2014
…updated its rules in 2012. 2. Which of the following arbitration institutions introduced revised mediation rules in 2014? A. LCIA B. ICC C. ICDR D. SIAC Answer: B and C,…
Untying the Knot: Estoppel and Implicit Designation of a Constituent Subdivision or Agency under the ICSID Convention
…State by which the State confers upon the agency the capacity to conclude a valid ICSID arbitration agreement and become a party to an ICSID arbitration.” (NIKO Resources, para. 325)…
Anti-suit injunction, Arbitral Award, Arbitration, Arbitration Proceedings, Brazil, Domestic Courts, Domestic law
Interim Measures and Anti-Arbitration Injunctions in Brazil: Answering the Actual Question at Issue
…arbitral awards since 2004. These decisions were the subject-matter of the Kluwer Arbitration Blog post mentioned above. Again unsuccessful, Clorox’s subsidiaries, FBDB and STPB, filed another ICC Arbitration (“Second Arbitration”)…
Cart Before the Horse: Can MFN Clauses Expand the Key Definitions in Investment Treaties?
…broader definition of ‘expropriation’ or ‘compensation’, or more favourable procedural conditions such as bypassing a requirement to submit disputes to local courts prior to commencing arbitration. But the question of…
The Problem of Repeat Arbitrators in Investment Arbitration
…such principles and, for that matter, arbitration itself. Therefore, I believe we must reflect on the parties’ willingness to exercise their freedom to appoint the arbitrator of their preference, while…
Key Changes in the LCIA’s new Arbitration Rules
The London Court of International Arbitration (LCIA) has recently adopted a new set of arbitration rules, which will come into effect on 1 October 2014.The new rules aim to ensure…
Women in Arbitration in Brazil
…that any disposable right could be the object of arbitration. But it was not until 2002 that Brazil ratified the New York Convention on the Recognition and Enforcement of Foreign…
Australia, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor
The “Anti-ISDS Bill” before the Australian Senate
…of Australia. Transparency of proceedings can also be enhanced, as under KAFTA which adopts detailed provisions as well as a side agreement on the new UNCITRAL Transparency Rules. The risks…
The Singapore Approach to Allegations of Awards Infra Petita – BLC and Ors v. BLB and Anor [2014] SGCA 40
…breached the rules of natural justice contrary to s 24(b) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”). The High Court accepted this argument. It found…
Exhaustion of Local Remedies, International Law, Investment, Investment Arbitration, Investment protection, Investor, NAFTA
The Futility Exception to The Exhaustion Requirement: Apotex v. United States
…provides that “a tribunal established under this section shall decide the issues in dispute in accordance with this agreement and applicable rules of international law.” Under these sources of law,…
Law Commission’s Report to Revamp the Indian Arbitration Experience
…arbitration could not apply to the court for interim measures under Section 9 to secure the assets or for assistance in taking evidence has now been redressed as the parties…
The Birth of a New UAE Federal Arbitration Law: A Long and Difficult Labour
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…
Indonesia’s Termination of the Netherlands–Indonesia BIT: Broader Implications in the Asia-Pacific?
…Comprehensive Investment Agreement and the ASEAN-Australia-New Zealand Free Trade Agreement. In any case, the debate has given rise to a premature view that Indonesia’s actions indicate a wholesale rejection of…
KRUPPA V BENEDETTI: WHEN IS AN AGREEMENT TO ARBITRATE NOT AN AGREEMENT TO ARBITRATE? WHEN IT’S AN AGREEMENT TO ENDEAVOUR TO ARBITRATE
…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…
Young ICCA Workshop at the Occasion of the ICCA Congress, Miami, 10th of April 2014: “The Art of Persuasion”
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…
Answer Key for Arbitration Word Search and Crossword Puzzle
Below are the answer keys to the international arbitration word search and crossword puzzle that accompanied the August 14, 2014 post Summer Arbitration Quiz 2014. The answers to the quiz…
Revisions to the HKIAC’s Model Clauses address uncertainty regarding the law governing arbitration clauses
…this concern. The recently revised arbitration rules of the LCIA – which will go into effect on 1 October 2014 – provide that the law of the arbitration clause will…