2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration Association,…
…facta concludentia (i.e. the use of the same language for the contract, the arbitration agreement, the correspondence etc.), allowed? Arbitration rules generally do not provide a specific form (e.g. written…
…not seem to hold any assets in Ireland. Under the Irish Arbitration Acts 1954-1998, it is possible to serve summons out of the Irish jurisdiction as to bring the respondent…
…Arbitration and Cross-Border Investment, led by Tony Cole. The survey is available at this link. The study concerns both the legal instruments developed in relation to arbitration (in all its…
…arbitration agreement during the arbitration proceedings but the Shenzhen Court upheld the arbitration agreement. The Claimant and the First Respondent entered into an Agency Agreement in February 2006. Following this,…
…an Appellate system would be critical for the development of the whole investment arbitration scenario as it can use potential precedential value to improve investment arbitration awards. The Appellate body…
…vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from 1 January 2013 (see the…
…ICCA Congress in Miami addressed one of the most vexing “known unknowns” in international arbitration— how is a party to know, and what remedies can it seek from the tribunal,…
…in the underlying arbitration agreement to the conduct of the arbitration process under an institutional set of rules, such as the DIAC or the ADCCAC Rules, which, in turn, contain…
…awards and the costs of arbitration were to be paid from the budget of the European Union […] where the treatment was afforded by a Member State, unless the treatment…
…institutional arbitration rules, referred to by the arbitration clause, have to be notarized as well. In the case at hand, a dynamic reference, i.e. a reference to arbitration rules as…
I. The Court of Appeal of Lisbon recently granted recognition of an arbitral award made in Paris, under the Rules of Arbitration of the ICC, holding that the Portuguese law…
…commercial arbitrations. International arbitrations are governed by the International Arbitration Act 1974 (Cth) (IAA), whereas domestic arbitrations are governed by State or Territory-based arbitration legislation.2)The domestic arbitration legislation is often…
…arbitration depends in large part on the law applicable to the arbitration. Arbitrators applying Brazilian law, for example, would be inclined to use analogy and good faith to fill most…
…use of mass and class claims in arbitration. Mass Claims in Investment Arbitration – A Favorable View In her keynote speech, Carolyn B. Lamm of White & Case LLP discussed…
As part of the 26th Annual ITA Workshop taking place in Dallas on June 18-20 2014, we have prepared a survey on the experiences of arbitration practitioners with enforceability of…
…using trade remedies to enforce investment arbitration awards. Another key example of convergence addresses the emerging trend of relying on investment arbitration to enforce international trade rights. As discussed in…
…to investment treaty arbitration is the sole remedy for a seemingly wronged investor. This is incorrect. While it is true that recompense for a State’s breach of its treaty obligations…
…would seriously challenge the proposition that investor wrongdoing is a systemic threat to international investment arbitration. But what constitutes investor wrongdoing? What are the standards that govern pleading and proving…
…extent to which each party has conducted the arbitration in an expeditious and cost-effective manner”. On the other side, arbitration rules increasingly include specific reference to an obligation of “good…
…the ICC arbitration law (ICC arbitration law was mentioned erroneously instead of ICC arbitration rules), that according to articles I and II (article II was mentioned erroneously instead of article…
…will virtually disappear. Indeed, the BAT can define what kind of arbitration shall take place: if it will be an institutional arbitration or an “ad hoc” arbitration, and in the…
…directly at the 2014 ICCA Congress. The first issue, he explained, is the rising cost of international arbitration. Arbitration is not always the cheaper alternative and Chief Justice Menon expressed…
…in international arbitration proceedings? These questions were tackled during a breakout session titled Arbitral Legitimacy: The User’s and Judge’s Perspectives at the ICCA Miami 2014 Congress, on Tuesday, 8 April….
