…into the EU and the Energy Charter Treaty and Investment Arbitration Agreement (essentially, a bilateral investment treaty applicable here). The dispute involves a contract dated back to 1997 between a…
…Fortunately for us, most international arbitration is not fast-moving. This allows parties, if they so desire, to find solutions other than hiring the arbitration team of a law firm. We…
…very rapid and efficient appeals process. For good measure the pendency of the appeal does not, under Swiss law, suspend the effectiveness of the underlying arbitration Award; such suspensive effect…
…for example, an oral arbitration agreement. Certainly, the requirement “producing (…) the arbitration agreement” by itself could be interpreted widely to mean that the party relying on the arbitration agreement…
…Pakistan was bound by the arbitration clause in the Agreement. Sitting in Paris, the tribunal looked to French international arbitration law (which it characterized as incorporating “the transnational general principles…
The International Chamber of Commerce Court of Arbitration (the ICC) is the largest arbitral institute. In addition, its Rules of Arbitration (the Rules) greatly influence the practice of arbitration, resulting…
…any, of a sanction on arbitration agreements is determined by the (arbitration) law at the place of arbitration. The nullity of the contract containing the arbitration agreement does not necessarily…
…faced with an ambiguity in statutory provisions or precedents bearing on an arbitration law issue, Canadian courts can no longer be safely expected to prefer the pro-arbitration solution. The case…
…preference for arbitration under the rules of the ____ Centre, the arbitration shall be conducted under such rules. Where the parties’ preferences do not match, the rules shall be UNCITRAL.”…
…arbitration-friendly stance and emphasized that Swedish arbitration law and practice ought to be in line with international best practice in arbitration. Sweden has a long-standing tradition as a seat for…
…arbitration, the Draft Statement recommends as follows: Governments should seek to ensure that, where relevant, the ISDS system adequately integrates and balances the goals of international environmental and investment law….
…the recorded perception of corporate users of arbitration according to the Queen Mary/PWC 2008 survey “International Arbitration: Corporate attitudes and practices”. This perception was bolstered by the Supreme Court decisions…
…hoc arbitration, their adoption will automatically convert the arbitration from a CIETAC arbitration into an ad hoc arbitration. This is not a very credible position if one considers how CIETAC…
…such an instance. It is a decision to be welcomed. In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was…
Sports arbitration is becoming an increasingly important field. In Switzerland, where the Court for Arbitration for Sports is located, the Swiss Supreme Court is seeing lately nearly half of its…
…subject of arbitration proceedings with appropriate emphasis on excerpts from arbitral awards. Amazingly, inadequate attention to the arbitration proceedings is one of the greatest failings of most international arbitration casebooks…
While Russia is a signatory to the New York Convention, there is a perception amongst some practitioners and arbitration users that Russia is not an arbitration friendly jurisdiction. This viewpoint…
…law regarding domestic arbitration and the 1981 law dealing with international arbitration, maintains the distinction between domestic and international arbitration. It clarifies and enhances an already arbitration-friendly law by codifying…
…UNCITRAL) are now comfortable with SIAC arbitration. They will propose SIAC arbitration to their counter-parties, or will at least agree to SIAC arbitration when it is offered to them, even…
On March 23, in Washington, DC, the Institute for Transnational Arbitration and the American Society of International Law will co-host a conference on “Fault Lines in International Commercial Arbitration.” Building…
…parties to that arbitration and that the Ecuador courts are constitutionally protected from any such attempts at interference by the Ecuador government. When I asked about the prospect of the…
…Similarly, institutional arbitration rules are often silent on this issue, with CIETAC Arbitration Rules and German DIS-Arbitration Rules being notable exceptions. Article 40 of the CIETAC Arbitration Rules provides that…
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create…
…today in the entrance-hall to the London Museum of International Arbitration. So imagine my surprise to have participated in the arbitration that finally (and officially) broke the elusive barrier. It…
