On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked…
As you may already know, Gary Born is about to finalize a new edition of his magnum opus, International Commercial Arbitration. With 4,500 pages soon to be published (April 2014)…
The use of arbitration in large scale disasters – both natural and financial has increased in recent years. Alongside this increase has been the growing use of arbitration to resolve…
…to be better known. IBA Guidelines for Drafting International Arbitration Clauses (2010): Arbitration clauses are the door to arbitration and determine the main procedural aspects of a case. Several checklists…
…waiting 18 months to commence arbitration. The decision surprised many in the international arbitration community and cast some doubt on the ability of investment treaty panels in arbitrations seated in…
A recent amendment to Dubai International Financial Centre (DIFC) Law No. 1 of 2008, the DIFC Arbitration Law, brings the DIFC into line with the New York Convention (on the…
…called upon to apply the substantive law in its full texture, including the mandatory competition law rules, there should be no bar to the effect of the arbitration clause and…
…overregulation of international arbitration, the international arbitration community should also give the new IBA Guidelines on Party Representation in International Arbitration (adopted 25 May 2013) a fair chance not only…
…arrangements and modifications to the legal standard of liability identified through applicable institutional or ad hoc arbitration rules and other principles of the applicable law. While there is divergence in…
…well to surprise the local arbitration community: It exudes a certain measure of inventiveness of the UAE Courts in matters of arbitration and demonstrates a level of arbitration-friendliness that international…
…before the Uzbek courts, the joint venture was liquidated and delisted from the state registry of legal entities in 2009. In its Request for Arbitration, Metal-Tech claimed that Uzbekistan had…
…in its conduct of the arbitration that justice calls out for it to be corrected”. This judgment will provide comfort to parties as to the finality of an arbitration award…
By Luke Eric Peterson There’s perennial discussion in the arbitration world as to the definition and legal implications of corruption in the context of international arbitration – including for example…
…found that all of the provisions contained in the contracts must apply to the respondent, including the arbitration clause. Finally, the Court dismissed the plaintiffs’ argument that their personal claims…
…In respect of the arbitral process itself, the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the transparency rules) will come into force on 1 April 2014. The transparency rules…
…491 in holding that, given that the parties had agreed to arbitration, applications by a party to set aside an arbitral award or to resist enforcement should be exceptional events….
…of recognition and enforcement of foreign court judgments. Its provisions shall apply to situations when the place of arbitration is located in the territory of one of the Parties thereto…
…no reason to prevent parties from requesting that [an arbitration agreement be invalidated] before any arbitration has been initiated. The request for annulment of the arbitration clause certainly can be…
…costs of the arbitration; m. Investor-state dispute resolution only applies to alleged breaches of the investment protection standards and does not apply to market access. In negotiating CETA, the Commission…
and Matthew Lam, Partner, Clyde & Co As announced recently on this blog Chinese Court Decision Summaries on Arbitration, edited by WunschARB, were recently published by Kluwer Arbitration. The case…
…of implementing rules tougher than the minimum required by the EU) as being of overriding mandatory character. Arbitration clause In 2005, Unamar, a Belgian commercial agent, and NMB, a Bulgarian…
…Joinder Parties commenced arbitration against Lippo in Singapore through the arbitration agreement in the SSA. An application to join the Astro Joinder Parties to the proceedings under Article 24.1(b) of…
…assets and to consent to the investment arbitration. The modern understanding of the contribution as a “commitment of resources” may be illustrated, e.g. by the Deutsche Bank award (paras. 298-300)….
…the parties have agreed on a seat of arbitration outside Austria, the application of the Vienna Rules and the arbitration law at the seat of arbitration allows for such remittance….
