Emergency Arbitrators under the ACICA
…for International Commercial Arbitration in 2011. He has served as Counsel of Milan Chamber of Arbitration for 5 years. In early 2011 he also interned with Singapore International Arbitration Centre….
Search Results for: efficient arbitration
Jivraj v. Hashwani- Arbitrators Are Not Employees for the Purposes of Employment Equality
…into a joint venture agreement which contained an arbitration clause. The arbitration clause provided for specific and unusual appointment criteria: “All arbitrators shall be respected members of the Ismaili community…
Most Favoured Nation Clauses – No favoured view on how they should be interpreted
…or deal with it in accordance with previously agreed dispute settlement procedures, or, after six months from the date on which the dispute arose, to submit it to international arbitration….
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: Answers to the Summer Quiz!
…with the reform of the Arbitration Act of 2003. The United States’ statute on arbitration, the Federal Arbitration Act (“FAA,” found at 9 U.S.C. Section 1 et seq.) was enacted…
Less is More?
…how arbitration counsel fail to present a case in a manner sensitive to the needs of the arbitration panel. “Inequality of Arms” is the term he used for the asymmetrical…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: The Summer Quiz!
…efficient proceedings. b. Section III of the 2010 Statement of Principles for the Efficient Conduct of Proceedings published by the Corporate Counsel International Arbitration Group (CCIAG) c. The Preamble to…
Sports Arbitration and Due Process: The Sequel
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed…
U.S. Court of Appeals Illustrates Obsolescence of Law that Allows Court to Consider Timeliness Challenge to Arbitrable Claim
…for the engineering and construction of a $210 million power plant in Araucária, Brazil. Three of the contracts contained identical arbitration and choice of law clauses. The arbitration clause provided…
Antisuit Injunctions and International Law
Last week I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars–Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Julian Ku, Davis Robinson, Christoph Schreuer,…
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
…compel individual arbitration as provided by an arbitration clause contained in the cell phone contracts of the Concepcions and other AT&T customers. Those arbitration clauses required arbitration of all disputes…
Non-Disputing State Party Participation in Investor-State Arbitration under CAFTA-DR
…Agreement.” Thus, in an ongoing investor-State arbitration case involving one CAFTA-DR State Party, the other six State Parties may opine on issues of treaty interpretation that arise in the case….
Anti-suit injunction, Arbitration, Arbitration Act, Commercial Arbitration, Enforcement of an arbitration clause, International arbitration, Jurisdiction
An anti-suit injunction to protect a non-existent arbitration
…it was common ground between the parties that the Arbitration Act contained no such power. Instead, the parties’ disagreement centred around whether the Arbitration Act was the sole basis by…
Is It Time to Amend the Articles Regulating Arbitration in Qatar?
…is part of the comparative study, for the benefit of our readers. Arbitration clause and arbitration agreement: Article 190 of the CCP Law strictly provides for the arbitration agreement to…
Annulment, Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, International arbitration
The Move Away from Closed-List Arbitrator Appointments: Happy Ending or a Trend to Be Reversed?
…If implemented, virtually none of the major international arbitration institutions will require that parties appoint arbitrators from a closed list (the Court of Arbitration for Sport is the only prominent…
Arbitral seat, Crown Immunity, Dispute resolution clause, Jurisdiction, Jurisdiction of the arbitral tribunal, Seat of the arbitration, Sovereign Immunity
Arbitration in Hong Kong: Immune from immunity?
…to refer to an arbitration clause as constituting an implied waiver of immunity from the arbitration proceedings themselves, although they are nevertheless commonly characterised in this way (including, for example,…
Your Next Nominee?
…have been chronicled in my Investment Arbitration Reporter newsletter, and you can find more background here. While members of the international arbitration community should be decrying this move to kick…
Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, ICSID Convention, Investment Arbitration, Venezuela
Disqualification Based on Multiple Appointments—Divergence in Recent ICSID Decisions?
…Conflicts of Interest in International Arbitration addresses multiple appointments in two sections: 3.1.3 The arbitrator has within the past three years been appointed as arbitrator on two or more occasions…
Trans-Pacific Partnership Negotiations: Waiting for U.S. Proposals
The seventh round of TPP negotiations will take place in Vietnam the week of June 20 but caution on the part of U.S. negotiators makes it highly unlikely that after…
The relationship between arbitrators and parties: is the pure status theory dead and buried?
…be rare that an arbitration proceeds without any agreement which is capable of contractual analysis. Even the English Arbitration Act expressly defaults to the parties’ agreement in certain circumstances. For…
CIArb Survey on Costs
…The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each…
Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICSID Convention, Investment protection
Pakistan Enacts A Statute To Implement The ICSID Convention
…arbitration proceedings under the Pakistani Arbitration Act following the commencement of the ICSID arbitration. However, the SGS v. Pakistan case had highlighted the need for national legislation in order to…
A Few Words On The Tension Between Efficiency And Justice
…Without detracting from the importance of making arbitration more efficient and less costly, I submit that we are at risk of going too far in the other direction. Over-correction –…
Anti-arbitration, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration
Anti-Arbitration: The Train Has Left the Station
…Milan Chamber of Arbitration has issued a new arbitration rule, CAM Rule 8, providing for the publication of arbitration awards together with guidelines for doing so in an anonymous format,…
ICSID and the WTO: Comparing Institutionalization and Leadership Concentration
…of leadership. The empirical data of WTO and ICSID nominations from 1995 to 2009 bear this out: ICSID arbitration is much more concentrated than WTO dispute settlement. With ICSID arbitration,…