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 . . .,…
Search Results for: efficient arbitration
The Perfect Arbitral Storm in Africa
…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…
What do the Clients Want – International Litigation or International Arbitration?
…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…
Arbitration Institutions and Rules, Arbitrators, Efficiency, ICC Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure
First aid in arbitration: Emergency Arbitrators to the rescue
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…
Anti-suit injunction, Arbitral seat, Domestic Courts, EU Regulation 44/ 2001, European Union, Jurisdiction, Lis Pendens, New York Convention, Parallel Proceedings
Barring the Courthouse Door? Anti-Suit Injunctions in International Arbitration
…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…
Anti-Arbitration: 10 Things To Do Before The Arbitration Gets Underway
…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…
State of Necessity, a three-star Michelin standard in Investment Arbitration
…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…
Setting aside an international arbitration award based on deficient pleadings
…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…
Investments in the deep freeze? Stabilization clauses in investment contracts
…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…
Introducing Annalise Nelson
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…
Third Party Funding – Maintenance and Champerty – Where is it Thriving?
…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 Revisited: Protective Orders in the Philippines
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….
Notes from NYU’s Forum on the Chevron-Ecuador dispute
…• 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…
Is Africa Finally Confronting Its Challenges On Investment Treaty Arbitration?
…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 – Investment of the Future?
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…
The Employer-Contractor Debate: The Best Way to Resolve Conflicts
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…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, BIT, Class arbitration, Due process, Efficiency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Public Policy
Mass Claims and the distinction between jurisdiction and admissibility
…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…
Arbitration, Canada, Enforcement, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction, Jurisdiction of the arbitral tribunal, NAFTA
Cargill – Another Chapter in the Legacy of Dallah
…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…
The Pyramid Enforcement Scheme
…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…
Weighing the interests of host-state and investor — a further blow to domestic litigation provisions in BITs?
…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…
The Implications of Chevron v. Ecuador for Investor-State Arbitration
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…
The Domain of Investment Law: Drafting the Convention (Part 2)
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…
The Domain of Investment Law: Drafting the Convention (Part 1)
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…
The Domain of Investment Law: What is an Investment?
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…