International arbitration has long played an important role in resolving disputes that arise out of political and economic crises. “Arbitration in Times of Crisis” is the theme of the 9th…
…sounds like domestic litigation or arbitration instead. In fact, I have been a program panelist for international arbitration and the other panelists expressed confusion to me when I stated that…
The views of lawyers involved in international commercial and investment arbitration are being sought for a new international arbitration survey from Queen Mary, University of London (QMUL). Conducted by QMUL’s…
Yesterday’s post set the stage by describing the main provisions of a new voluntary Code of Conduct for “funding of resolution of disputes within England and Wales,” released in November…
The use of third-party funding for international arbitration has been growing for several years, and its potential benefits and risks have received increasing attention from the arbitration community. The November…
…arbitration. j) Also with regard to international arbitration, the new arbitration law provides for the material validity of an arbitration agreement that meets the requirements set out (i) by the…
…Appeal agreed that a declaratory arbitral award could be enforced as a judgment of the English Court under section 66 of the Arbitration Act 1996 (the “Arbitration Act”). The intended…
…the provisions of article 157 are redundant? My answer is no. This is because provisions of article 157 are still applicable in interpreting legislation which is not explicitly stated to…
…Koehler v. Bank of Bermuda Ltd., the New York Court of Appeals held that it could order assets outside New York to be delivered into New York, provided New York…
…arbitration proceedings. As the Supreme Court may be trying to take a round turn in the changing legal landscape, old habits are hard to die. There is strong unease amongst…
…York-seated New York Convention awards. The Scandinavian Re judgment comes at a time when many eyes in the arbitration world are focussed on New York: the International Court of Arbitration…
…its new Organizational Rules article 11(2). Following the appointment of Bogdan Olteanu as the new president of CCIR’s Court of Arbitration, CCIR modified its organizational rules in mid-January 2012 so…
…that by third party funding I am referring to a fund or investor source which then covers the costs and legal fees for a claim before a court or tribunal,…
The HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the “Rules”). Users of the Rules have…
…as will the legal and factual issues and the people involved. Even when there’s an agreed formal process, arbitration, you have to be ready to consider negotiation or mediation as…
…by arbitration if an arbitration clause is included in the commitment agreement. In each of the above scenarios, there are several key advantages for parties in using arbitration as highlighted…
…these anti-waiver clauses do not apply to procedural provisions, such as contractual agreements requiring arbitration. In Shearson/American Express, Inc. v. McMahon and Rodriguez de Quijas v. Shearson/American Express, the US…
It’s been nearly two months since public hearings concluded in an ICSID arbitration brought by a U.S. investor, Railroad Development Corporation, against the Republic of Guatemala. And it’s been about…
…Nouveau Code de Procédure Civile, but under art. 1506, this does not apply in international arbitration). When the ICC prepared the edition of its new 2012 Arbitration Rules, it was…
…the parties had agreed to submit disputes to arbitration under the rules of a sports arbitral institution. Finally, the agent initiated arbitration before the CAS. In a partial award issued…
…latest episode of the West Tankers dispute, upholding the first instance decision and approving the decision of the Commercial Court in African Fertilisers. The decision affirms the continued pro-arbitration stance…
…crucial holding was that New York’s Uniform Foreign Money-Judgments Recognition Act precludes declaratory injunctive relief by a foreign judgment debtor. “There is … no legal basis for the injunction that…
…which owns Australian affiliate Philip Morris Limited, initiated arbitration proceedings against the Australian government over new legislation on plain packaging of cigarettes. The new Australian law imposes strict limitations on…
…where parties elect to apply institutional rules such as those of the ICC or the LCIA, whose articles 34(6) and 26.9 respectively provide for a waiver of a right to…
