…only a small number of provisions of the Swiss Arbitration Law should be revised or new provisions added. For example, it was suggested that English should be acknowledged as an…
…and Gwen de Vries recounting how Piet started and expanded Kluwer’s arbitration list. When the first ICCA Yearbook Commercial Arbitration was published in 1976, none of us imagined that the…
…in The Hague. I did not know much about arbitration then, but I did know enough to be impressed by being interviewed by Professor Sanders, arbitration’s founding father. I did…
…of the 1986 Dutch Arbitration Act; author of the treatise Het nieuwe arbitragerecht (The New Arbitration Law) and many other publications in the field of arbitration. I would like to…
…a problem for arbitration generally. And, honestly, we need to come up with a better metaphor for this type of decision. The 2012 survey results can be downloaded at: https://www.whitecase.com/files/Uploads/Documents/Arbitration/Queen-Mary-University-London-International-Arbitration-Survey-2012.pdf…
Transparency of investment treaty arbitration is back on the radar this week as delegations convene in Vienna for the latest meeting of the UNCITRAL Working Group II on Arbitration and…
…most important pillars of Kluwer Law International’s arbitration list. Without them, our arbitration list would not have become the market leader it is today. And how nice it is that…
In June 2010 the Court of Appeal’s decision in Jivraj v Hashwani caused dismay in the arbitration community. Does an arbitration agreement which provides criteria for the appointment of arbitrators…
…in essence, from its misguided understanding of the legal provisions at issue. [¶ 162]” Trade scholars have wrestled with the meaning of this decision. It seemed to suggest that Appellate…
…190-page long BALCO decision is likely to go down in the annals of arbitration reports as the watershed decision that heralded a new dawn for Indian arbitration. The broad thrust…
…to be unjust arbitration procedures under Section 5 of the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Vioans Ltd. (“Vioans”) is an Israeli company which contracted…
…Guy Pendell, underscores an important weakness in the international arbitration system’s legal framework. While everyone accepts that the arbitration agreement is the foundation of an international arbitral tribunal’s adjudicative power,…
…to be constituted under the Supplementary Procedures for the Arbitration of Olympic Sport Doping Disputes (the Supplementary Procedures), a modified version of the rules of the American Arbitration Association. Three…
…notably of concern to states when they are parties to arbitration and either (a) explains new provisions in the ICC Arbitration Rules 2012 which now addresses these concerns, or (b)…
Monday’s New York conference on “Arbitration with States and State Entities under the ICC Rules” got me thinking about the possibility of amicus submissions in investment cases before the ICC…
…lacunas of Indian arbitration law. The Indian Arbitration Act The regulation of arbitration, according to Bharat Aluminum, consists of four stages: a) commencement of arbitration; b) conduct of arbitration; c)…
…and Murphy Oil Corporation v. Government of Canada (‘Mobil v. Canada’) is highly anticipated after a U.S. website leaked the fact that Canada had lost this arbitration against the two…
…governments such as New Zealand, Britain, Norway, India and South Africa – is the EU which this Autumn is looking to publish a draft revision to its 2001 Tobacco Products…
…between international arbitration and litigation. Thus, if the claimant decides to refer a dispute to arbitration, the arbitral award should not be vulnerable to being challenged on the basis of…
…to “arbitrators” in the arbitration clause. Blumenthal subsequently applied to the English Commercial Court for an order under section 18 (3)(d) of the English Arbitration Act 1996 (“the Act”) that…
…compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of case law (see in particular…
…In the past, the European Commission had adopted the position that investment arbitration contravened EU law and that arbitration provisions in intra-EU investment treaties were superseded by the accession of…
…for Sport adopted the current version of the CAS Arbitration Rules for the Olympic Games on 14 October 2003 (the ‘AHD Rules’). The AHD Rules provide that the seat of…
…arbitration and commercial arbitration is becoming increasingly wider. As outlined in this decision, in commercial arbitration, when the temporal validity of the agreement to arbitrate expires, the arbitral tribunal loses…
