Inaugural Kluwer Arbitration User Forum
Kluwer Arbitration and Kluwer Law International are delighted to announce that the inaugural Kluwer Arbitration User Forum will be held in London (at the International Dispute Resolution Centre (IDRC), 70…
Search Results for: efficient arbitration
Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Proceedings, Brazil, kompetenz-kompetenz
Brazilian Readings on Compétence-Compétence: Missing the Wood for the Trees?
…the company and the builder had an arbitration clause. While the necessary steps for the commencement of arbitration were taken, one of the parties applied for an interim measure of…
Annulment: What Are the Rules on the Rules?
…53) appears to extend all of the Arbitration Rules to an annulment proceeding. Since being amended in 1984, Arbitration Rule 53 states: “The provisions of these Rules shall apply mutatis…
New Ruling on Arbitration Agreements in Colombian State Contracts
…arbitration agreement within the state contract, the administrative court in question is bound to refer the parties to arbitration, no matter their subsequent conduct as to their arbitration agreement, including…
Arbitration, Conciliation, Confidentiality, Dispute Resolution, Investment Arbitration, Uncategorized
A Rethink of Investor-State Dispute Settlement
…by the end of 2012). But that trend could stall in the foreseeable future with the realization of the users that international arbitration (investor-state arbitration, in particular) is increasingly becoming…
The proposal for reviewing the Brussels Regulation and the new Regulation No. 1215/2012 after the West Tankers decision: a new step back for arbitration?
…arbitration tribunal has been convened to hear the dispute under the arbitration agreement, or (ii) court proceedings relating to the arbitration agreement have been commenced in the Member State of…
Saudi Arabia’s New Arbitration Law Sees More Investors Opting for Arbitration in Saudi Arabia
…policy considerations and the Shari‘a The provisions of the new Arbitration Law apply to arbitrations held under the Saudi Arbitration Law without prejudice to the provisions of the Islamic Shari‘a….
Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrators, Availability of arbitrators, Confidentiality, Expert evidence, Interim Orders, International arbitration, Joinder
The Danish Institute of Arbitration Updates Its Arbitral Rules
…claim. The prior version of Article 4 called for arbitration to be commenced by the DIA’s receipt of a request for arbitration, which, if not accompanied by a statement of…
The Rompetrol Group NV v Romania – treaty protections triggered by maltreatment of company officers
…a State’s legitimate interests in tackling crime and the investor’s treaty rights. It also notes future tribunals’ likely sensitivity to allegations that the arbitration itself is being brought to deter…
Are We Beyond The Model Law — Or Is It Time For A New One?
…the definition of “international arbitration” should be revised. A possibility is to define international arbitration as an arbitration which object involves more than one state. The current definition is based…
Arbitration Institutions and Rules, ICSID Convention, Investment, Investment Arbitration, South America
Investment Arbitration and Latin America: Irreconcilable Differences?
…negotiation. In this sense, it must be highlighted that recent reports have confirmed that UNASUR has announced that it is very probable that its own investment arbitration center will open…
Japan’s Entry into the TPP Negotiations Raises the Economic Stakes
“America’s important security alliances across the Pacific need an economic underpinning.” Ambassador Robert Zoellick, May 1, 2013 To use one of the Obama Administration’s favorite terms, the entry of Japan…
Arbitrating Bangladesh Labor Rights (Part II)
…Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006). Note the peculiarities. There is no governing law clause, no arbitration seat, and no arbitration rules. If a…
Arbitral Tribunal, Arbitration Awards, Arbitration Institutions and Rules, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Singapore International Arbitration Centre, Witness
New Rules at the Singapore International Arbitration Centre
…new rules are detailed below. Court of Arbitration The new SIAC rules establish a Court of Arbitration (“Court”) that takes over case administration functions from SIAC’s Board of Directors (“Board”),…
BIT, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection
In the Eyes of the Beholder: Host State’s Refusal to Pay under a Contract as Breach of a BIT
…v. Poland (Netherlands-Poland BIT ad hoc arbitration) Partial Award, 19 August 2005, para. 233) Be that as it may, our main proposition is that, even without providing evidence of the…
Arbitration and the Power Sector in Brazil
…become increasingly frequent for all the reasons stated above. Notably, the arbitration agreement provided by the CCEE Trading Convention provides for arbitration under the Rules of the FGV Arbitration Chamber…
CIETAC’s Internal Conflicts: A Chronology of Events and Practical Implications
…Trade Arbitration Commission (SCIA) for arbitration which shall be conducted in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The arbitral award is…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention – Part II
In Part I it was argued that the proper law applicable in the investor-State disputes under Article 42 (1) ICSID Convention depends on the substantive grounds of the investor’s claim….
Brazilian Arbitration Law: In Need of a Facelift?
…of the Arbitration Law concern, among others, the submission to arbitration of corporate disputes, the participation of public entities in arbitration and the arbitration of consumer disputes. In addition, the…
Arbitrating Bangladesh Labor Rights
…improvements. A key provision in the Agreement is binding arbitration. Specifically, the Agreement requires the Oversight Committee to develop a plan for the implementation and administration of the Bangladesh fire…
The Paris Arbitration Rules: A New Generation of Rules?
…arbitration users with the cost and length of international arbitration proceedings, this initiative should be welcomed by the arbitration community as a positive effort to address the concerns of arbitration…
Recent Trends in State Immunity
…the arbitral proceedings themselves and any ancillary proceedings in the national courts. However, with respect to enforcement, often neither the arbitration agreement itself nor the New York and ICSID Convention…
Anti-arbitration, Appeal, Arbitration, CAFTA, Domestic Courts, Legal Practice, National Arbitration Laws
El Salvador becomes an anti-arbitration jurisdiction?
…every citizen of the country has the right to terminate his or her civil or commercial matters through arbitration. July 2002 marked a dramatic change in the arbitration landscape, when…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention PART I Article 42 of the Convention on the Settlement…