…jurisdiction. The stay was granted on the ground that there was an arbitration which was intended to take place and the outcome of that arbitration would effectively determine the issues…
Reminder — The September 1 deadline is now drawing near for the Call for Papers, for the Institute of Transnational Arbitration (ITA)’s Winter Forum in Miami on January 24-25. Details…
…Stay of Enforcement of the Award, 7 October 2008, ¶ 39) The procedure is regulated by Article 52(5) of the Convention and Article 54 of the Arbitration Rules. Stay has…
…amount to be paid under this Policy through mediation as above [condition 11], such dispute shall then be referred to arbitration under ARIAS Arbitration Rules. … The seat of the…
…the international arbitration community is ready for the Project. State parties in investment arbitration have become more assertive. They are less tolerant of information asymmetries that systematically benefit law firms…
…Oil, Menatap; to my knowledge no legal rights to the recovery existed for this shareholder. The basis of the arbitral claims were founded in the bilateral investment treaty between Spain…
…to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in every case, without exception, or…
…that is abusive and detrimental to the conduct of arbitral proceedings. Would this generate only protests, or also respect for institutions and arbitrators who show they have an Olympic backbone?…
…into the arbitration legislation at the provincial and federal level, a sophisticated arbitration community well versed in both the common and civil law traditions, and, more than anything else, a…
…steer claimants to ICSID arbitration, unless it is unavailable. Indeed, when a Canadian company, Nova Scotia Power Incorporated (NSPI), opted for PCA arbitration in 2008, a unanimous tribunal declined jurisdiction…
…Commerce arbitration awards against the Democratic Republic of Congo (the ‘DRC’) and attempted to enforce those awards against Gécamines, a DRC state owned corporation and its Jersey-based assets (to the…
…one on the merits and one on costs, issued by a Sole Arbitrator in London under the DIFC-LCIA Arbitration Rules involving two Dubai-based companies, one free zone one limited liability,…
…a request for consultation or notice of an investor’s intention to initiate arbitration proceedings, it shall notify the member state concerned. Immediately after receipt of a notice of arbitration, the…
…treaty in December 2011. Under Article 4(b) of the arbitration treaty, the tribunal is to apply principles of “international law, equity and the principle of good neighbourly relations in order…
…looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international arbitration niche, investor-state arbitration. Unfortunately,…
…arbitration rules such as UNCITRAL (2010), ICC (2012), Swiss Rules on International Arbitration (2012), CIETAC (2012) specifically point out the milestone that such a truncated situation will only be considered…
…proposed options are not acceptable. Arbitration is only admissible under ABCD rules, in [city of customer]. Please confirm by COB today you will withdraw your exception to the arbitration clause…
…Final Award on Jurisdiction and Merits, Ad hoc – NAFTA/UNCITRAL Arbitration Rules, para. 7 Australia and Uruguay might therefore argue that, even if there had been a substantial deprivation of…
…dispute actually referred to arbitration; V. – the arbitration procedure was not in keeping with the arbitration commitment or the arbitration clause; and VI. – the arbitration award is still…
…rules concerning governance, freedom of commerce, trading in wealth, rules of personal property and provisions and foundations on which the society is based in a way that do not violate…
…national arbitration or under the one governing international arbitration. The grounds for annulment of arbitral awards in Belgium are laid down in Article 1704, 2, of the Belgian Code of…
…from the U.S. Court of Appeals for the Fifth Circuit, which sits in New Orleans, holding that Section 1782 cannot be used in connection with a foreign arbitration because arbitration…
…a private commercial arbitration tribunal in Ecuador used by the parties to resolve a commercial dispute is a ‘tribunal’ for purposes of the collection of evidence pursuant to Title 28…
…Chamber of Commerce (SCC) Rules were the most popular institutional rules among all companies in the survey. Similarly to the results in 2010, companies clearly prefer the rules of the…
