…to a contract providing that “[t]he place of arbitration shall be London and the … law governing the arbitration shall be English law”. Hardy Oil suggests that the reference to…
…investment arbitration that may require Ecuador to pay Chevron for any damages it has incurred from the enforcement of a judgment in violation of the Ecuador-United States bilateral investment treaty….
…binding arbitration betrays an apparent misconception of what arbitration is. Error Two: Having misread the FTC regulation as barring the arbitration clause before it, the Ninth Circuit then failed to…
…J. Paulsson, International Arbitration and the Generation of Legal Norms: Treaty Arbitration and International Law, ICCA Congress Series No. 13 (Kluwer, 2007), at 879. Before concluding, it is worth noting…
…international arbitration raises among non specialists is expressed in different ways. Partners of large firms with little or no experience in arbitration or litigation look at it with increasing interest…
…in a domestic arbitration in Germany or Italy, it will take at least two weeks to complete the testimony of the same witnesses in a domestic arbitration in the United…
…issued in an arbitration proceeding under this section”). Conversely, Court of Chancery arbitration differs from commercial arbitration in at least one important respect. Unlike commercial arbitration, in which the parties…
…claims. Drawing on US Supreme Court decisions on class arbitration, Professor Abi-Saab finds that there is such a fundamental difference between regular bilateral arbitration and mass proceedings that “special consent”…
…on-going Pacific Rim v. El Salvador CAFTA arbitration, complete with a giant balloon of a sinister corporate-looking orange cat, an ensemble of guitarists, and panels declaring “the solidarity of the…
…on interim measures and a new codified obligation of confidentiality, the new Ordinance sets a high standard in modern arbitration legislation and has been enthusiastically welcomed by the arbitration community….
…Kyrgyzaeronavigatsia, a Kyrgyz State company. The applicant (probably the claimant in the underlying ICSID arbitration, Turkish company Sistem Muhendislik Insaat Sanayi ve Ticaret A.S) had sought the attachment in order…
The recently published abstracts of LCIA Court decisions on arbitrator challenges between 1996 and 2010 (Arbitration International, vol. 27, no. 3, 2011) make surprisingly interesting reading. They are an important…
…until his dying days, finishing his last great book, Custom as a Source of Law, just last year. Among his passions was international arbitration, especially the history of international adjudication….
…be paid” can be submitted to the Arbitration Institute of the Stockholm Chamber of Commerce or an ad hoc tribunal. Read narrowly, the dispute settlement clauses quoted above exclude claims…
…laws of other jurisdictions to govern the arbitration agreement. Similarly, foreign seats of arbitration appear to be an important factor. The choice of specific institutional rules for the conduct of…
…institutions while seeking to promote greater understanding of arbitration and ADR. It is open to not-for-profit commercial and investment arbitration bodies (and other organisations working to promote international arbitration and…
…manufacturer filed a request for arbitration before the Court of Arbitration for Sport (CAS) in January 2009, requesting amongst other claims payment for the sale of the boxing equipment. The…
A key part of an expert witness’s role involves explaining, in as clear terms as possible, complex accounting, economic and valuation concepts, to arbitration lawyers who may be less familiar…
…sitting in international arbitration tribunals in France remain independent and impartial throughout the proceedings. This development is crucial to maintain the credibility and quality of international arbitration. The duty to…
…a loan agreement entered into on 24 January 1990 (the “Loan Agreement”). The Loan Agreement included an arbitration clause providing for arbitration under the Arbitration Rules of the Arbitration Institute…
Arbitration practitioners have traditionally had very little illumination into the outcomes, let alone the reasoning, of arbitrator challenge decisions. Few arbitral institutions set out in writing to the parties the…
…assist females in networking and growing their careers, including in the arbitration industry. Those key, famous female arbitration practitioners are some of the best mentors to many. I only wonder,…
…if we are ever to move beyond the mere tightening of institutional rules, to restore the image of arbitration as efficient and cost-effective, and not just as neutral and enforceable….
…critical task of controlling time and costs in international arbitration. This Part 1 focuses on the good news about various institutional reforms by the ICDR, ICC and ICSID that already…
