…act in Nigeria and law reform in Sierra Leone following its accession to the New York Convention. Nigeria’s new act innovates an arbitral review tribunal as a distinct forum for…
On October 18, 2023, during the 2023 Canadian Arbitration Week, members of the Young Canadian Arbitration Practitioners (“YCAP“) gathered at Arbitration Place in Toronto, Canada, to discuss the role of…
…Arbitration Centre, Toronto Commercial Arbitration Society, Western Canadian Commercial Arbitration Society, the Chartered Institute of Arbitrators and the Young Canadian Arbitration Practitioners. Conference co-chairs Janet Walker and The Hon. Barry…
…jurisdiction; (2) an arbitration under ICSID; or, (3) an ad hoc arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”). Consequently, if a treaty…
…Arbitration Rules on emergency arbitration and that the law governing the procedure was the Chilean Law. In this regard, the Constitutional Chamber pointed out that although Santiago was the seat…
…arbitration, i.e. Secs. 1025 – 1066, apply. The non-applicability of the domestic rules of civil procedure also applies in other jurisdictions, though it must be noted that some jurisdictions (e.g….
…ICSID Convention and Rules, UNCITRAL Arbitration Rules, and other arbitral institutions with ISDS arbitration rules (e.g., SIAC). Ms. Lau then shared the criteria that must be satisfied to invoke ISDS…
…upon a provisory adjustment and determining that the permanent tariff revision would be discussed by means of arbitration proceedings to be filed in accordance with the arbitration agreement contained in…
…2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023. Legal Framework Before the 2023…
…conduct human-like conversations. The language model is adept at answering queries and can produce written materials, such as emails, social media posts, essays, etc. It is undeniable that AI has…
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the fair and…
…ad hoc arbitration not subject to institutional rules requiring disclosure, under the UK Arbitration Act which did not at the time adopt the Model Law provisions on disclosure. Jacob Securities…
…of Peru. In 2019, Pantel and the Schütz Siblings (“Claimants”) began an arbitration proceeding against Peru alleging moral, extra-patrimonial and patrimonial damages, in breach of Articles 2, 3(1), 3(2), and…
…touchstone in the Brazilian legal system, others, such as Prof. Nanni, feel the text is devoid of technical scrutiny, especially since the new provisions do not add much to the…
On 14 September 2023, the Brazilian Arbitration Committee — CBAr hosted the 2nd day of its annual International Arbitration Conference, following this year’s overarching theme on “Arbitration and Business Contracts”….
…and the arbitrator, (ii) business contracts and arbitration proceedings, (iii) arbitrability and business contracts, (iv) arbitration and contractual imbalance, (v) arbitration in regulated sectors (electricity and oil and gas) and…
…and Antrix Corporation Limited (“Antrix”), an Indian state-owned entity. In 2010, the Indian Space Commission terminated the contract, triggering an arbitration seated in New Delhi. The tribunal issued two awards….
…SIAC Rules 2016 (“2016 Rules”) allow a party to apply for the appointment of an emergency arbitrator along with or following the notice of arbitration. The Draft Rules go a…
…be consolidated under the previous Dubai International Arbitration Centre (“DIAC”) 2017 Rules, even though those rules did not contain any explicit consolidation provisions. Case studies from the UAE further illustrated…
…commercial disputes between the State and natural persons or legal entities” (translation) (Art. 422). Arbitration seated in the region is excluded from this prohibition. Based on Art. 422, and aligned…
…who wish to make a jurisdictional objection to an English-seated arbitration. The new recommendations make the binary choice as to whether or not to participate in the arbitration increasingly important….
…then separately submitted their disputes to arbitration, i.e., the Maynilad arbitration and the Manila Water arbitration. In the Manila Water arbitration, it was decided that Manila Water could not increase…
…of conduct show a growing acceptance of international arbitration. Discovery and Disclosure in International Arbitration The second panel then addressed issues in discovery and disclosure in international arbitration. Moderated by…
…the investment agreement has incorporated helpful rules and regulations, such as the HKIAC Administered Arbitration Rules (the “HKIAC Rules”); and third, how to obtain meaningful remedies through domestic law. She…
