Out to Sea in the Ninth Circuit: Bungling Questions of Arbitrability
…an arbitration clause: “Any dispute arising under this Agreement shall be settled by arbitration in London . . . in accordance with the English Arbitration Act 1996 . . .,…
…an arbitration clause: “Any dispute arising under this Agreement shall be settled by arbitration in London . . . in accordance with the English Arbitration Act 1996 . . .,…
…to the three Libyan Oil arbitration cases – Colonel Gaddafi’s least recognized gift to the development of the jurisprudence of international arbitration. Although the nature of the revolutionary transformation in…
…Association Conference on International Arbitration. This panel provided a view from the client on choosing international arbitration versus going to the local courts. In other words, the idea was to…
In an emergency, swift and effective action is required. Yet in international arbitration proceedings, it can take weeks or months to constitute an arbitral tribunal. What options, then, are open…
…different jurisdictions simultaneously. To stop parallel proceedings in arbitration, a party will go to the court at the seat of the arbitration and will ask that court to enjoin the…
…legal department colleague – has informed me that an arbitration is possible, likely, or has just been filed. 1. Check for any pre-arbitration procedures and assess whether to comply with…
…Draft Articles on Responsibility of States for International Wrongful Acts. It is undoubted that in investment arbitration, as in commercial arbitration, tribunals have consistently paid great attention to treaty language…
…any less than an arbitration agreement. In arbitral practice, the matters submitted for arbitration can be gleaned from various documents, such as the equivalent of a Notice of Arbitration, the…
…state. For the arbitration community, it’s worth considering how these clauses work, what they do for investors, and how they could—and should—be adjudicated in arbitration. There are two basic types…
I am pleased to introduce Annalise Nelson as the new Assistant Editor for Kluwer Arbitration Blog. Annalise has a B.A. from Harvard College, a J.D. from University of Virginia and…
…Arbitrators do consider and decide disputes similar to judges in the national courts. Arbitration, and in particular international arbitration, can involve large amounts of damages, such as is commonly involved…
Confidentiality in arbitration arises through the agreement of the parties, by selecting arbitration rules with explicit provisions thereof, or under domestic statutory regulations. Few national laws regulate confidentiality in arbitration….
…• Perhaps most intriguing is the potential for non-parties to an arbitration to use the U.S. statute to procure evidence that might be relevant to a given arbitration. The statute…
…has a specific focus on investment arbitration. Similarly, in 2010 Nigeria reviewed its Arbitration and Conciliation Act of 2004 (ACA) in a move to become a more arbitration friendly venue….
Third party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing necessary for an…
It gives me great pleasure to announce that the publishers of this blog and Kluwer Arbitration are hosting their first Webinar designed for corporate counsel on Wednesday 9th November (4pm…
…ICSID arbitration in general, a supplementary express consent to the form of such arbitration. In such cases, consent to ICSID arbitration must be considered to cover the form of arbitration…
…review or appeal provided by the law of the place of the arbitration). Given that Toronto was the seat of the arbitration, Mexico applied to the Ontario Superior Court of…
…funds deposited at arbitration centres and law firms – should occasion some soul-searching amongst proponents of foreign investment protection standards. If the successful claimant in an investment treaty arbitration is…
…resolution: amicable consultations, proceedings before the local courts, and international arbitration. With regard to the possibility to resort to international arbitration, Article 8(3) of the BIT provides that “[i]f, after…
On Monday, October 24, I’ll be participating in a panel discussion at NYU on the The Implications of Chevron v. Ecuador for Investor-State Arbitration. The event will be held at…
My previous post described years of apparently intractable debate between two opposing camps of international lawyers about what kinds of economic activity should get international investment protections. This post will…
My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article…
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…