The Summer Arbitration Quiz!
…following institutions did NOT introduce revised arbitration rules in 2014? A. LCIA B. ICC C. ICDR D. WIPO 2. Which of the following arbitration institutions introduced revised mediation rules in…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Same claims, same evidence, different claimant: abuse of process for defendant to raise same defences?
…question of whether issues arising and decided in an arbitration should be treated as settled in subsequent court proceedings brought by a non-party to the arbitration. The factual and procedural…
Compensation for a Dismissed Arbitrator?
…a state court before the award was rendered due to his conduct during the proceedings. Thereafter, the claimant in the arbitration filed a claim in state court (Commercial Court Vienna)…
Anti-arbitration, Anti-suit injunction, Arbitration, Brazil, Domestic Courts, Interim Orders, Jurisdiction
Interim Measures and Anti-Arbitration Injunctions in Brazil
…response was a bit alarming, at least from an arbitration perspective. The Court of Appeals of the Mato Grosso do Sul state recently upheld an anti-arbitration injunction requested by Petroplus…
An Insider’s Perspective on Reliance v Union of India: What the Supreme Court of India Got Right and What it Got Wrong
…the tribunal rendered a Partial Consent Award recording that- “…the juridical seat (or legal place) of arbitration for the purposes of arbitration initiated under the Claimants’ Notice of Arbitration… shall…
Failing to pay the advance on costs and the risk of inoperability of the arbitration clause – Remedy?
…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
When Does an Arbitration Agreement Have a Binding Effect on Non-Signatories? The Group of Companies Doctrine vs. Conflict of Laws Rules and Public Policy
…arbitration in New Delhi. According to the respondent, the claimant was bound by the arbitration clause due to its close connections with IPH and L. The regional court considered the…
Enforcement of Worldwide Freezing Orders in Ukraine
…preliminary injunction preventing a defendant from disposing of assets pending the resolution of the underlying substantive (arbitration or court) proceedings. Its issue in support of an arbitration proceeding significantly impacts…
German Federal Supreme Court, Germany, Ordre Public, Public Policy, Recognition and enforcement of arbitral award, Set aside an arbitral award
German Federal Supreme Court Underlines Non-Intervenistic and International Approach of German Arbitration Law
…when the new arbitration law entered into force. The Court ruled that, nevertheless, the “manifest” criterion must be applied when reviewing arbitral awards under the current German arbitration law. To…
In-House Counsel Take Note: ICC’s John Beechey Won’t Be Sitting You at the Children’s Table
…Arbitration, Beechey recently kicked off a Paris conference held to launch the ICC’s Guide for In-House Counsel and Party Representatives to Effective Management of Arbitration by directing some frank words…
Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Proceedings, Arbitrator Challenges, Arbitrators
Get Rid of the Presiding Arbitrator?
…is not new at all. In fact, a simple historical research will show us that this is an old mechanism in the common law arbitration setting. The English Arbitration Act…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Notes on the Persistent Latin American Countries’ Attitude Towards Investment Arbitration and ICSID
…International Arbitration Lecture, Arbitration International 29, 327, 340, (LCIA 2013) (stressing that investor-state arbitration is a “different animal” than international commercial arbitration, not only because it involves sovereign states and…
British Columbia Signals To The International Community That It Is An Enforcement-Friendly Jurisdiction
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
…Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitration (“ICC Rules”) require parties and arbitrators to conduct cases in a…
The Jurisdiction of Indian Courts over Arbitrations Seated Outside India. An Outsider’s Perspective.
…English Arbitration Act (“EAA”).4)Section 2(1) of the English Arbitration Act provides that the provisions of Part 1 of the Act are to apply where the seat of the arbitration is…
Arbitration, Arbitration Awards, Arbitration Proceedings, DIFC, Domestic Courts, Enforcement, International arbitration
The DIFC and arbitration: Raising the stakes?
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
Anti-arbitration, Arbitration, Arbitration Agreements, Expedited arbitration, International arbitration, Uncategorized
Why Can’t Arbitration Go Faster? The ICDR Brings Expedited to International
…of the ICDR, even where parties have specified arbitration under the AAA’s arbitration rules. New expedited rules from the ICDR, for those who need to get to a result sooner…
Does Supreme People’s Court’s Decision Open the Door for Foreign Arbitration Institutions to Explore the Chinese Market?
…foreign arbitration institution is allowed to conduct arbitration in China. Since both parties selected Shanghai as the seat of arbitration, the arbitration shall be classified as a domestic arbitration, which…
A certifiable point? Enforcement of arbitral awards under Article IV of the New York Convention and section 102 of the Arbitration Act 1996
…Article IV of the New York Convention, which it replicates almost exactly) take an expansive and purposive approach. Courts in the UK have long adopted a decidedly pro-arbitration stance. As…
Last Chance to Complete China Arbitration Survey
…wanted to remind anyone who has not yet had a chance to fill out the survey that we will be closing the survey to new responses on July 13, 2014….
Is the focus of investment state arbitration switching from Latin America? If so to where?
…trend in ICSID arbitration. A glance to the economy of the new players could further explain this new trend. As it is well known, Europe is currently facing an economical…
UNCITRAL to Consider Proposal for Convention on Enforcement of Mediated Settlements
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
Towards A Revised Threshold for Arbitrators’ Challenges Under ICSID?
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
Shanghai Free Trade Zone implements modern arbitration rules
…or to conduct any further arbitration activities in the names of CIETAC Shanghai and CIETAC Shenzhen. The new FTZ Rules – a preferred option? The FTZ Arbitration Rules (the “FTZ…