…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…
…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…
…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…
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…
…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…
…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…
…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…
…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,…
…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…
…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…
…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…
…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…
…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….
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 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…
…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….
…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…
…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…
…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…
…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…
…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…
…though the claim at hand is quite a straightforward political maneuver, the legal aspects thereof do deserve closer attention. In the author’s view, the legal effect of UN Security Council…
…of discretion in the conduct of the proceedings subject to the observance of fundamental rules of procedure. (See Article 17(1) UNCITRAL Arbitration Rules as revised in 2010; See also Born,…
…sure that the award is enforceable at law”. Article 32.2 of the LCIA Rules is almost identical. However, several clues suggest that these provisions are not intended to establish a…
