…in arbitration. Although BG Group commenced arbitration without first attempting recourse in the Argentinian courts, the arbitral tribunal held BG Group’s claim to be admissible because Argentina had by its…
…case, the employee will only be subject to the arbitration proceedings if he/she is the one requesting the arbitration or, where the employer is the one initiating the arbitration, if…
…arbitration, it is not inconsistent with the virtual absence of Portugal in disputes with parties from outside of the Portuguese-speaking world. Fertile Ground for a Portuguese Arbitration Institution As many…
The Board of Directors of the “ACL Arbitration Centre” (the Arbitration Centre of the “Portuguese Chamber of Commerce and Industry – Lisbon Commercial Association”) recently approved a new set of…
…years later, Jnah commenced a separate arbitration against Marriott (“Jnah II”), alleging different violations of the parties’ agreements, invoking the same ICC arbitration clause. While that arbitration was underway, Marriott…
…enquiry: (i) whether the parties expressly chose the law of the arbitration agreement; (ii) whether the parties made an implied choice of the arbitration agreement; and (iii) in the absence…
…have priority of application over any contrary internal rule. Was the arbitrator (suppose an Italian national) sitting in Paris in an ICC arbitration supposed to render his award in the…
…parties shall specify a designated arbitration commission in their arbitration agreement, failing which the arbitration agreement is invalid. Moreover, Article 128 of the PRC Contract Law (1999) provides that parties…
…fraud in the arbitration agreement. However, the broad construction of arbitration clauses under English law may assist. But what happens if a party claims that the main contract itself was…
On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked…
As you may already know, Gary Born is about to finalize a new edition of his magnum opus, International Commercial Arbitration. With 4,500 pages soon to be published (April 2014)…
The use of arbitration in large scale disasters – both natural and financial has increased in recent years. Alongside this increase has been the growing use of arbitration to resolve…
…Commission on Arbitration has established unique and efficient lists on ‘Issues to be Considered When Using IT in International Arbitration’ and ‘Operating Standards for Using IT in International Arbitration’ (ICC…
…waiting 18 months to commence arbitration. The decision surprised many in the international arbitration community and cast some doubt on the ability of investment treaty panels in arbitrations seated in…
…party, in a matter which is the subject of a valid arbitration agreement.” (see https://www.difc.ae/news/difc-authority-announces-enactment-difc-laws-amendment-law-2013). More specifically, the introduced amendments focus on Article 7 of the DIFC Arbitration Law and…
A number of decisions of various national courts have dealt with the issue whether a competition law dispute may be referred to arbitration. Although the case law tends to favour…
…overregulation of international arbitration, the international arbitration community should also give the new IBA Guidelines on Party Representation in International Arbitration (adopted 25 May 2013) a fair chance not only…
…1990. The absence of liability insurance may be a function of the bases for professional liability in international commercial arbitration. An analysis of various arbitration laws demonstrates that qualified immunity…
…well to surprise the local arbitration community: It exudes a certain measure of inventiveness of the UAE Courts in matters of arbitration and demonstrates a level of arbitration-friendliness that international…
…before the Uzbek courts, the joint venture was liquidated and delisted from the state registry of legal entities in 2009. In its Request for Arbitration, Metal-Tech claimed that Uzbekistan had…
…in its conduct of the arbitration that justice calls out for it to be corrected”. This judgment will provide comfort to parties as to the finality of an arbitration award…
By Luke Eric Peterson There’s perennial discussion in the arbitration world as to the definition and legal implications of corruption in the context of international arbitration – including for example…
…the Joint Company included an arbitration clause referring all disputes to arbitration in Hungary by the Hungarian Chamber of Commerce and Industry under Hungarian law. In 2013, the plaintiffs brought…
…likelihood of disputes in the extractive industries escalating to arbitration, or are there wider implications for investor-state dispute resolution more generally? International arbitration clauses have become commonplace in investment contracts…
