…activities, which already contain arbitration clauses, domestic governing law, and access to well-trodden arbitral institutions—e.g., the ICC or the LCIA. These institutions update their rules frequently and include expert procedures,…
…foreign investment. They noted the increasing acceptance of SCCA rules by investors and the judiciary’s supportive stance towards arbitration awards, positioning arbitration as a reliable dispute resolution mechanism. Additionally, the…
…Meg Kinnear further referred to the enactment of the 2022 ICSID Arbitration Rules, which addressed various concerns with investment arbitration within the ICSID framework, including the timeliness of the proceedings,…
…cases affected by an ineffective arbitration regime that encourages arbitral matters to be taken to courts as a result of their extensive interventionist powers pursuant to the Arbitration Act 1940…
…no similar requirement in the rules of leading arbitration institutions. For example, Article 26.2 of the LCIA Arbitration Rules 2020 simply requires signing the award while the ICC 2021 Arbitration…
…International Arbitration (LCIA), parties are not only allowed to select a body of national law to apply to the merits, but may even choose rules of law. This means that…
…apply to Encavis arbitration because its context was different. Indeed, Green Power was governed by the Stockholm Chamber of Commerce Arbitration Rules and Swedish (and EU) law applied as the…
…arbitration towards better-defined provisions with clearer scope, the draft interpretative statement seeks to further define the contours of the substantive protections of CETA, whilst the draft decision adopting supplemental rules…
…parties have: (i) chosen to apply the rules of arbitration of a foreign arbitral institution (e.g. SIAC, LCIA or ICC) to the arbitration; or (ii) agreed to apply foreign law…
…approach of funder codes of conduct or the rules of funder organizations. Legalisation of Third-Party Funding of International Arbitration in Ireland Ireland, the only common law jurisdiction in the…
…arbitration route is far from certain. Ultimately, the choice between the ECtHR and the arbitration route will depend on the specific circumstances of each case and the applicable legal frameworks….
…fact that the legal representative of the opposing party simultaneously “worked” at the arbitration center (to be more precise, as in the previously discussed case, the legal representative of the…
…international arbitration community has paid little, if any, attention to this regulation and few practitioners are aware that the Act has the potential to apply to international arbitration proceedings (but…
…an UNCITRAL arbitration seated in London. LC Corp was authorized to proceed with its intra-EU investment arbitration, as Poland failed to have the arbitration withdrawn or suspended by the Dutch…
…primary methodological deficiency of these studies is their reliance on commercial databases, such as Westlaw or kluwerarbitration.com. These databases exist for lawyers to conduct legal research. They collect cases for…
…2018, Red Eagle initiated an ICSID arbitration claiming compensation for damages that allegedly exceeded CAD$ 110,000,000. The ICSID Arbitration In the arbitration, Colombia proposed several jurisdictional objections that were…
…of the cancellation, and that market participants would not receive compensation for any unused allowances remaining in their tracking accounts. In December 2020, the Claimants commenced ICSID arbitration against Canada,…
…was adopted three years after EDF had commenced arbitration against Spain and could not apply retroactively to Spain’s consent to arbitrate. Referring to the travaux préparatoires of the ECT (see,…
…applies to [Swinerton’s] claims in this litigation” since it incorporated by reference the rules of the Construction Industry Arbitration Rules of the American Arbitration Association. Swinerton Builders, 2024 WL 1057473,…
…of any DIFC-LCIA arbitration process: given the strong resemblance (short of identity) between the DIFC-LCIA and the LCIA forum (taking account of their near-identical sets of arbitration rules and the…
…jurisdiction and liability in 2014, in CGC’s favour, and several unsuccessful challenges by NIOC under s.67 and s.68 of the Arbitration Act 1996, CGC eventually secured an award of damages…
…Legal Status The dominant view within WGIII has been that the AC should be established as an intergovernmental organization and have international legal personality, akin to Article 18 of the…
…of the IBA Rules on the Taking of Evidence and the UNCITRAL Arbitration Rules. Background of the Case The investor, Sea-Search Armada (“SSA”), claims roughly USD 10 billion, equivalent…
…project have led to very different conclusions. In 2015, MSC brought arbitration proceedings against Poland under the US-Poland BIT. On 7 December 2018, the arbitral tribunal decided that MSC was…
