HKIAC Administered Arbitration: New Rules for the New Lunar Year
…of Arbitration (as per Article 4.3) it will affect the commencement date of the arbitration (and consequently the date the Answer is due). • Amending Article 4.6 to require the…
Search Results for: efficient arbitration
Anti-Arbitration: Get a job, kid!
…as will the legal and factual issues and the people involved. Even when there’s an agreed formal process, arbitration, you have to be ready to consider negotiation or mediation as…
Arbitrating Competition Law Disputes: a matter of policy?
…by arbitration if an arbitration clause is included in the commitment agreement. In each of the above scenarios, there are several key advantages for parties in using arbitration as highlighted…
Carlyle leaves out mandatory arbitration clause in IPO
…that disallowed class-wide procedures because the FAA preempted California precedent striking down class arbitration waivers as unconsciable. Justice Scalia was emphatic that in class arbitration, the traditional advantages of arbitration-…
The Expanding Audience for Open Arbitration Hearings
It’s been nearly two months since public hearings concluded in an ICSID arbitration brought by a U.S. investor, Railroad Development Corporation, against the Republic of Guatemala. And it’s been about…
Kingsbridge Capital Advisors v. AlixPartners: What Confidentiality in Arbitration?
…that in international arbitration, a duty to treat information confidentially cannot be implied from an arbitration agreement (there is an implied confidentiality for domestic arbitration under art. 1464(4) of the…
Arbitration Agreements, Arbitration clause, Commercial Arbitration, Dispute resolution clause, International arbitration, Jurisdiction of the arbitral tribunal, Partial award, Set aside an international arbitral award, Switzerland
A primer on pathological arbitration clauses in Swiss law
…to arbitration. In this sense, Swiss law imposes a broad approach to interpretation of pathological arbitration clauses, once the parties’ intention to exclude State courts in favour of arbitration is…
Declaratory award held enforceable by English Court of Appeal: further support for reform of the Brussels Regulation
…latest episode of the West Tankers dispute, upholding the first instance decision and approving the decision of the Commercial Court in African Fertilisers. The decision affirms the continued pro-arbitration stance…
Chevron Ecuador Dispute Heats Up
Last week was a blockbuster one in the ongoing battle between Chevron and Ecuador. On Wednesday, the arbitral tribunal adjudicating Chevron’s BIT claim issued an Interim Award ordering Ecuador “to…
Investor-State Arbitration and Plain Packaging: The New ‘Anti-Tobacco Movement’ Has Begun
In February 2010, Philip Morris International (PMI) filed a request for arbitration under the ICSID Convention against the Republic of Uruguay. 1)Philip Morris Brand Sàrl (Switzerland), Philip Morris Products S.A….
Appeals on a Point of Law in the English Courts: Further Restrictions
…courts to rule on their ability to consider appeals on a point of law. This controversial power, retained in the UK’s Arbitration Act notwithstanding its absence from most other national…
Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award
The Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court Ruling in Argentina v. BG Group
…to greater use of ad hoc UNCITRAL arbitration, or arbitration before institutions other than ICSID, to avoid the perceived vagaries of the ICSID annulment process. Yet commentators often forget that…
Arbitration, Arbitration Act, Arbitration Awards, Commercial Arbitration, Domestic Courts, Eastern Europe, Enforcement, English Law, European Law, New York Convention, Pro arbitration
Declaratory award held enforceable by English court: a healthy move for arbitration?
…the English courts in favour of arbitration and the enforcement of arbitral awards. However, this approach does raise questions for the health of the inter-twining co-existence of the arbitration and…
Discounted cash flows – Part 2, valuation and the financial crisis
…of a business was determined. Understanding the underlying value of a business, and the drivers of that value, is often central to the quantification of damages in international arbitration. Although…
A judge by any other name? Arbitrator challenges in state-to-state disputes
…recent years, we’ve become accustomed to seeing international judges sit on the same investment arbitration panels as commercial arbitrators with their own private practices. In any given arbitration, international judges…
Arbitration Awards, draft Restatement, Enforcement, European Convention on International Commercial Arbitration 1961 (ECICA), Federal Arbitration Act (FAA), forum non conveniens, Inter-American Conventions, New York Convention
December Surprise: New Second Circuit Ruling on Forum Non Conveniens in Enforcement Proceedings
…the arbitration,” with the result that “the arbitration was a ‘national arbitration’ involving only domestic parties”; (5) when seeking enforcement of the award in New York, the claimant described itself…
Kluwer Arbitration Blog Wins CPR Award
On behalf of the many contributors to this blog and the good folks at Kluwer Law International, I am pleased to announce that this blog has won CPR’s 2011 award…
Launch of P.R.I.M.E. Finance Arbitration Rules: dispute resolution in global financial markets
…other complex financial products. Secretary-General of P.R.I.M.E. Finance, NautaDutilh’s arbitration specialist Gerard Meijer, presented the first edition of the institute’s Arbitration Rules during the opening conference. These rules have been…
CAS Code Amendments in force as from 01.01.2012 – CAS arbitrators selected more freely
At its session of 15 November 2011, the International Council of Arbitration for Sports (ICAS) amended Article 14 of the Statutes of the bodies working for the settlement of Sport-related…
Can States Assert Counterclaims Against Investors in BIT Proceedings?
The recent decision in Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1) is prompting renewed debate over whether ICSID arbitration, now the leading mechanism for investors to pursue treaty-based claims…
Appeal, Arbitration Awards, arbitrators’ conduct, Bias, Enforcement, National Arbitration Laws, Principle of finality, Pro arbitration, Public Policy, Waiver
Arb-med procedures and enforcement in Hong Kong: The crest of the waiver?
…right to do so in the enforcement proceedings. This decision was underpinned by the governing arbitral rules (the Xian Arbitration Commission Arbitration Rules), which specifically provided for waiver of the…
Key Developments in Relation to Arbitration in Dubai
…award is contrary to the public policy of the UAE.11)Article 41 of the DIFC Arbitration Law. 2. “Onshore” Dubai Arbitration Awards Arbitration awards rendered in “onshore” Dubai would, theoretically, be…
A new year, a new start in India
…arbitration seated in Paris. Although section 9 of India’s Arbitration Act expressly empowers Indian courts to grant interim relief, this provision is contained in Part I of the Act which…
Growing number of countries allowing exclusion agreements with respect to annulment warrants greater scrutiny of arbitration clauses
After the 2011 Decree which reformed French arbitration law, the number of countries having arbitration acts expressly providing for the possibility of waiving setting aside proceedings at the seat has…