Confidentiality in arbitration arises through the agreement of the parties, by selecting arbitration rules with explicit provisions thereof, or under domestic statutory regulations. Few national laws regulate confidentiality in arbitration….
As Roger Alford mentioned previously, New York University Law School hosted a discussion of the Chevron-Ecuador dispute on October 24th. The event was subject to the Chatham House rules, so…
…has a specific focus on investment arbitration. Similarly, in 2010 Nigeria reviewed its Arbitration and Conciliation Act of 2004 (ACA) in a move to become a more arbitration friendly venue….
Third party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing necessary for an…
It gives me great pleasure to announce that the publishers of this blog and Kluwer Arbitration are hosting their first Webinar designed for corporate counsel on Wednesday 9th November (4pm…
…in its holding that there is no impediment to mass claims under the ICSID Convention and Arbitration Rules and that ICSID tribunals have the power under ICSID Arbitration Rule 19…
…review or appeal provided by the law of the place of the arbitration). Given that Toronto was the seat of the arbitration, Mexico applied to the Ontario Superior Court of…
…funds deposited at arbitration centres and law firms – should occasion some soul-searching amongst proponents of foreign investment protection standards. If the successful claimant in an investment treaty arbitration is…
…resolution: amicable consultations, proceedings before the local courts, and international arbitration. With regard to the possibility to resort to international arbitration, Article 8(3) of the BIT provides that “[i]f, after…
On Monday, October 24, I’ll be participating in a panel discussion at NYU on the The Implications of Chevron v. Ecuador for Investor-State Arbitration. The event will be held at…
…explain how that dispute was settled for the purpose of ICSID jurisdiction, and with what legal result. As the dispute ground on throughout the final drafting convention in Washington D.C.,…
My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article…
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…
…to review the questions of bribery and international arbitration. Arbitrability of Bribery Claims Traditionally, arbitration was not perceived as an appropriate venue for adjudicating claims of bribery or corruption. The…
Amendment to the International Chamber of Commerce Rules of International Arbitration The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to come into…
…It was also stated that the body electing the members of the arbitration body supervising and administering the arbitration proceedings must have the legitimacy and acceptance of the arbitration community…
Luke Peterson passed along a tip about this interesting declaration attached to the U.S.-Rwanda Bilateral Investment Treaty: Articles 3 through 10 and other provisions that qualify or create exceptions to…
The CIArb’s Survey into the Costs of International Arbitration has now been published. It’s a fascinating survey worthy of study and discussion. Here’s a brief summary of some of the…
…First, the Geneva Convention explicitly provides that “legal persons of public law” can validly conclude arbitration agreements (Article II). The term “legal persons of public law” has a wide scope…
…conduct inconsistent with those strictures and with his quasi-judicial role as an arbitrator. It amounts to a breach of his contractual duty to conduct a binding arbitration.’ Is the arbitrator’s…
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
…changes to the Rules: • Multi-parties and multi-contracts arbitration: The revised Rules include a number of new provisions that detail procedures for handling complex disputes, including provisions that facilitate joinder…
…applicable procedural rules. It found that the coach’s application to hear a new witness was made late under the applicable TAS Code, and therefore the arbitral tribunal was entitled to…
…Arbitration Blog, 16 July 2010 (https://wolterskluwerblogs.com/blog/2010/07/16/more-on-corporate-criticism-of-international-arbitration/) “A recent study of the Corporate Counsel International Arbitration Group (CCIAG) found that 100% of the corporate counsel participants believe that international arbitration “takes…
