Confidentiality is often a distinguishing reason why users choose arbitration over court litigation. In a 2010 International Arbitration Survey on Choices in International Arbitration, 62% of respondents said confidentiality was…
…number of supposedly ‘pro-arbitration’ states is whether or not an arbitration award that has been set aside by the national courts at the seat of the arbitration can then be…
…civil society groups active in international arbitration; and • The consideration of international arbitration’s commercial impact, including implications of cost, the net value of arbitration and the opportunities to build…
…negotiating parties. These include Australia’s reluctance to include investor-state arbitration; Singapore and Vietnam’s hesitancy regarding stronger disciplines for SOEs; Vietnam’s concerns with textile rules of origin; and broad opposition to…
…the “most up-to-date version of the UNCITRAL Arbitration Rules,” such as treaties providing for application “of the version of the UNCITRAL Arbitration Rules as in effect at the date of…
…of which have their own arbitration rules, rules of ethics, and even may administer arbitrations. (For a list of associations of maritime arbitrations elsewhere in the world, see here.) Yet…
…a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship, whether contractual…
…arbitration ex post, when respondent States are already midstream into the arbitration. However, there is nothing under the 2012 US Model BIT or the 2010 ASEAN-Australia-New Zealand FTA that requires…
I have just published an article in the Utah Law Review that I wanted to flag for our readers. For the international arbitration community the article is relevant because it…
…Accordingly, the new model BIT’s provisions on national treatment, MFN, minimum standard, expropriation, and transfers of funds remain unchanged from the 2004 model BIT. The arbitration clauses were also kept…
The revised Swiss Rules of International Arbitration (“Swiss Rules”) enter into force today, 1 June 2012. While some general background has been given elsewhere (see here), the following specific features…
On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force. According to Article 1.3, the new Rules will apply…
…can demonstrate that the allegations are new, not the subject or prior adjudication and were not discoverable by the exercise of due diligence. Significantly, the plaintiffs are trying to attach…
…In addition, there have also been three proceedings against non-Contracting States under the ICSID Additional Facility Rules: one arbitration against South Africa and one arbitration and one conciliation proceeding against…
…was evolving, a vast culture of arbitration developed in Spain, made evident by the proliferation of arbitration clauses in business agreements, the burgeoning of courts of arbitration in its big…
…Rules, Article 43.1 of the DIS Rules and Article 73 of the WIPO Rules) or applicable law (e.g. English, New Zealand, Singaporean and Spanish law). Further, depending upon the scope…
…English courts will interpret and implement Section 9(1) of the Arbitration Act 1996. Section 9 is how English law has complied with Article II(3) of the New York Convention, which…
…held that a stay of proceedings under the International Arbitration Act can only be granted if the proceedings instituted fall within the terms of the arbitration agreement. The arbitration agreement…
…its modern legal framework (since 1993 based on the UNCITRAL Model Law on International Commercial Arbitration) and for its arbitration friendly judiciary. According to statistics published every year by the…
…require the parties to, very few have an all-encompassing, mandatory confidentiality provision; Although, the LCIA does appear to have such a clause (see LCIA Arbitration Rules Clause 30). Also note…
…After all, modern Bilateral Investment Treaties contain investor-to-state arbitration clauses precisely so that investors can fight their own legal battles. However, in recent years, at least one European government has…
…at our sole option, refer the claim, dispute or difference to LCIA arbitration in London (…)”. The Claimant asserted that the terms of business and the arbitration option were not…
…to investment arbitration. In short, federal courts take a functional approach in defining an “international tribunal” in the commercial arbitration context, and a formalist approach in the investment arbitration context….
This post follows on from the highly informative Kluwer Arbitration Blog post by Elizabeth Kantor, “The ‘West Tankers’ Saga Continues: Can Damages Compensate for Breach of an Arbitration Clause?” Whilst…
