…as regards the application of the Brussels Regulation to arbitration. He acknowledged that arbitrators are bound to apply EU law but clarified that arbitration is excluded from the scope of…
The concept of good faith has been a subject of perennial controversy since it was derived from the Roman legal equivalent ‘bonas fides’. Juristic views on and the legal conceptualization…
…insist on holding more arbitrations in Korea. The remaining chapters of the book cover all the areas one would expect: arbitration agreements, arbitral tribunals, arbitration procedures under the rules of…
…it is the only viable Asian rival to Hong Kong as an arbitration seat. Both have excellent infrastructure, strong independent courts, sensible arbitration legislation, and (generally) a pro-arbitration environment. Both…
…Orange List, and the Green List — were not intended to be comprehensive, there is at least one new type of “relationship” that merits independent consideration by the arbitration community;…
…the claimed debt, which were not honoured. SGS commenced ICSID arbitration under the bilateral investment treaty (“BIT”) between Switzerland and Paraguay. The BIT contains an umbrella clause under Article 11….
…that the funding agreement may play a larger role (with its corresponding confidentiality provision) in arbitration than in litigation. With arbitration the likely reason to require disclosure may be limited…
…the Treaty shall only apply to matters affecting such investments after the Effective Date. ‘Investment’ refers to any investment associated with an Economic Activity in the Energy Sector and to…
…some extent, the new CIETAC Rules mirror the provisions of the recently revised ICC Rules, which also contain detailed provisions on consolidation. Under both sets of rules, for example, consolidation…
As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of…
…is the historical expenditure incurred in developing a start-up business or new project a dependable guide to the market value of this enterprise? As I explain below, there are times…
…domestic arbitration and international arbitration – Singapore maintains an Arbitration Act for the former which permits a greater degree of curial supervision. Nonetheless the present proposals are also introduced to…
…of legal commitments. With the failure to pay the damage, the personal freedom of the player would be restricted to an extent which would jeopardize his economic existence, and this…
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion…
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am…
…Board (the “Board”) has opened a new chapter in the class arbitration saga by ruling that certain class waivers in employee arbitration agreements violate the National Labor Relations Act (“NLRA”)….
…awards, contrary to their obligations under the New York Convention – a recognised issue where arbitration seated outside India involves an Indian party and the parties have not excluded Part…
…State of North Carolina by means of arbitration. In bringing its motion, the respondents relied upon Rule 21.01(3)(a) of the Ontario Rules of Civil Procedure in which a defendant may…
…resolution of the underlying substantive (arbitration or court) proceedings, has been described as one of the “nuclear weapons” of commercial litigation and arbitration, such is their effect on litigation. In…
…matter leads to the imposition of an English seat under the LCIA Rules, (Article 16.1 LCIA Rules) or, perhaps less commonly, under the ICC Rules. (Article 18 ICC Rules (in…
…the new arbitration-friendly attitude of the Russian courts, thus placing Russia ‘into line with a select number of jurisdictions’ (e.g. France and the Netherlands). Some compared the ruling in Ciments…
…in arbitration. Last, but not least, there will be a presentation by representatives of ICC Palestine and Israel on the newly created Jerusalem Arbitration Center. And what else? Participants at…
…arbitration proceedings; iv. assistance of the Dutch state court in foreign arbitration proceedings; v. provisional measures in pending arbitration proceedings; and vi. a more detailed procedure for arbitral appeal. The…
…Luke Eric Peterson is the Editor of Investment Arbitration Reporter, a news service that tracks and reports on legal and policy developments in the field of foreign investment arbitration. (https://www.iareporter.com)…
