…same specific legal issues so that it is necessary to ensure a consistent argumentation in the WTO case. The remaining of the regulation concerns the conduct of the proceedings to…
…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…
…which would prevent a flagrant contradiction between these domestic rules and the rules of the foreign law. The very circumstance that the rules in question are deemed to be absolutely…
…this process in circumstances where the arbitration is not being conducted under the ACICA Arbitration Rules or ACICA Expedited Arbitration Rules, ACICA developed the Appointment of Arbitrators Rules 2011 which…
…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…
…faith” on the parties’ side in the conduct of the arbitration proceedings. Art. 15(7) Swiss International Arbitration Rules provides that “[a]ll participants in the arbitral proceedings shall act in 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…
…the Portuguese arbitration legal setting provides for sufficient backup provisions, notably as far as the default appointing authority is concerned (according to the Portuguese Arbitration Act of 2011, the President…
…explained, that the old rules no longer apply. International arbitration is truly global and has experienced exponential growth. We must have “common” ethical standards so that the users and practitioners…
…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….
…Institute for International Arbitration 3. Class Actions in Arbitration / New York and Other U.S. Arbitration Venues The third presentation was given by Rachel Kent (Washington, D.C.), and the focus…
…apply to both the words “contract” and “arbitration agreement”? The Fifth Circuit Court of Appeals held that it applied only to an “arbitration agreement” (See Sphere Drake Ins. PLC v….
ICCA 2014’s second break-out session of Monday, 7 April, tackled the challenging issues surrounding document production and interim measures in international arbitration. The discussion was informative and the audience participated…
…the growth and array of conferences and the aggressively rising costs to attend. Institutions have also moved strongly into new markets, following the new disputes that will certainly arise. But…
On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To…
…Whether this reality threatens the legitimacy of international arbitration and motivates the community to aspire to make arbitration more diverse and inclusive and, if so, how that goal can be…
…arbitration practitioner. The international arbitration system is a hybrid process formed by a delicate balance between different legal cultures and systems. The system has done extremely well in ensuring that…
…on the United Arab Emirates and Qatar, which he described as two major hubs of international arbitration that are also signatories of the New York Convention. Mr. Ziadé lamented the…
…the arbitration legal framework established over more than two decades ago. While arbitration laws and treaties across the region have nurtured arbitration and investment protection, some Latin American states have…
