…pre-agreement on exactly which set of disclosure (discovery) rules will apply, such as the “IBA Rules on the Taking of Evidence in International Arbitration”. Another way to leverage international commercial…
…(providing that, unless agreed otherwise by the parties, the award shall be in writing, reasoned, signed and dated, and shall provide the seat of the arbitration). and arbitration rules will…
…an antisuit injunction. Certain arbitration rules, in particular the UNCITRAL Arbitration Rules, provide a tribunal with the power to grant interim measures for the purpose of preventing harm to the…
…case for the rules of the Singapore International Arbitration Centre, of the Stockholm Chamber of Commerce, of the Swiss Chambers Arbitration Institution and of the Netherlands Arbitration Institute). Other international…
…on the arbitration agreement in question. The parties’ representatives engaged in marathon negotiation sessions. The representatives exchanged correspondence throughout the negotiation. They also preserved each draft of the arbitration agreement…
…determining the law applicable to arbitration agreements has changed. In the past, they tended to automatically apply Chinese law to the question of the validity of the arbitration agreement. This…
…to the Supremacy Clause of the U.S. Constitution, the pro-arbitration policy expressed in Section 2 preempts state laws that prohibit “outright the arbitration of a particular type of claim” or…
…with regard to the express recognition of new substantive rights into several national legal systems, but also regarding the creation of procedural remedies geared to ensure the defense of those…
…the future of international commercial arbitration? Very much so. As a fee-based service, arbitration already finds itself in highly competitive markets. The ICC competes with the ICDR to attract parties…
…been increasingly willing to recognize new requirements as components of the ever-enlarged concept of FET. Prime examples of such new ‘requirements’ recognized by these non-NAFTA tribunals are the obligation to…
…this blog may recall that the United States initiated a state-to-state arbitration against Guatemala in 2011, invoking for the first time a fast-track arbitration mechanism contained in the U.S.-Central America…
…with the arbitration rules applicable at the International Chamber of Commerce and shall enforce the same in accordance with the rules of the New York Convention on the recognition and…
…a result Coeclerici commenced arbitration proceedings against Gujarat and Mr Jagatramka. Shortly before the hearing was scheduled to commence, the parties entered into another agreement under which the arbitration was…
…so that the decision about a claim challenging an arbitration award is made by just one judicial instance, the Austrian Supreme Court. The previous provisions had been considered as a…
…problem in complex finance transactions. In particular, the new HKIAC rules provide for effective multi-party and multi-contract arbitration by enhancing the existing joinder provisions, and now allowing the consolidation of…
With regard to multicontract arbitration, the CEPANI Arbitration Rules (“the Rules”) contain a specific provision (Article 10). Article 10(1) allows the parties to pursue claims arising out of different contracts…
…the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention on the recognition and enforcement…
Investment arbitration under investment treaties between EU member states is a hot topic, in particular given the EU Commission’s strong views on the subject: As previously discussed here, the Commission…
…Comprehensive Arbitration Rules authorizes a full range of sanctions, including issue default, for bad behavior. 2)JAMS’ International Arbitration Rules (2011), however, expressly preclude default judgment. See Rule 27.2. A tribunal…
…of the new Rules refers disputes to arbitration “in accordance with the Rules of Arbitration of Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)”. Given that no such thing as…
…in Zurich. The arbitration proceedings Y commenced arbitration proceedings against X for payment of damages. The claim was primarily for lost profits as a result of X’s failure to supply…
…ICC Rules; (3) English or New York law, Paris seat, ICC Rules; (4) English law, London seat, LCIA Rules; (5) English or New York law, Hong Kong seat, HKIAC Rules;…
…even more attractive by streamlining its arbitration rules: On 1 November 2013, the new “HKIAC Administered Arbitration Rules (2013 Edition)” will enter into force. They can be downloaded on the…
…Peterson is the Editor of InvestmentArbitrationReporter.com an online news and analysis service focused on investor-state arbitration and policy. He has been a contributor to Kluwer’s Arbitration Blog since its launch….
