The Impact of Dallah
…for pursuing an application for security under section 70(7) of the Arbitration Act 1996. Secondly, the decision is an indication of how the Supreme Court judgment in Dallah Real Estate…
Search Results for: efficient arbitration
‘Experts’ in International Arbitration
During the last quarter of 2010 the German Arbitration Institution (‘DIS’) and the Chartered Institute of Arbitrators (‘CIAarb’) held a conference in Frankfurt to debate the relative merits of the…
Accounting for Post Acquisition Disputes – Neither True Nor Fair?
According to a well-placed contact at a major arbitral institute, a significant proportion of new arbitration matters involve post-acquisition disputes; in particular, claims brought against vendors of businesses who are…
Summary Dismissal under ICSID Arbitration Rule 41(5) – The Global and RSM Awards
…ICSID Arbitration Rule 41(5). The tribunal ruled that the claims asserted in the arbitration were “manifestly without legal merit” within the meaning of Rule 41(5). Nine days after the Global…
Global Trading Resource Corp. and Globex International, Inc. vs. Ukraine
…its first defeat in ICSID arbitration in the Alpha Projektholding GmbH case under which Ukraine has been ordered to pay USD 5,250,782. Previously Ukraine was quite successful in ICSID arbitration:…
Swiss Federal Tribunal rejects multiple standards of independence and impartiality among arbitrators
…consistent with the modern approach advocated by the IBA Guidelines on Conflicts of Interest in International Arbitration and the provisions governing Swiss domestic arbitration enacted in the new Swiss Code…
Arbitration under the Venezuelan Foreign Investment Law – The Mobil and Cemex Decisions
…arbitration if the treaty or agreement provides for mandatory submission of disputes to international arbitration (i.e. there must be express consent to arbitrate under the other treaty or agreement)—the interpretation…
Long-Awaited New French Arbitration Law Revealed
…for this updated of the law, the first overall reform of French arbitration legislation since the 1980s. The reform keeps with the long-standing tradition of innovative and arbitration-friendly arbitration law…
What does Hong Kong’s new look Arbitration Ordinance mean in practice?
…in their arbitration agreements. In addition, the ‘opt-ins’ will apply automatically where an arbitration agreement entered into before or within six years of the new Arbitration Ordinance coming into effect…
Wilmer Hale Seeks Arbitration Scholar-in-Residence in London
I received this notice from my friend Gary Born and thought it worth sharing. Sounds like a wonderful opportunity for any academic interested in international arbitration. My Pepperdine colleague Tom…
Choosing the Weathered Veteran or the Young Buck?
…arbitrators. You hear it when someone is once again frustrated over the significant delays occurring in their arbitration proceeding because the arbitrators do not have time to meet or review…
Mediation Becomes Established ADR Mechanism in Greece
…2010, and its scope covers all cross-border disputes whether deriving from litigation or arbitration routes. The law allows for the establishment of local ADR providers (which would be private, not-for-profit…
Anti-Arbitration: A New Year’s Resolution to Leave Worst Practices Behind
…my previous mistake by appointing a well-known arbitrator from outside of India. The arbitration was then concluded within 18 months. The point is that international arbitration has wonderful flexibility to…
Africa, Asia-Pacific, BIT, Canada, Energy Charter Treaty, Europe, International arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection, NAFTA, North America, Russia, Set aside an arbitral award, Set aside an international arbitral award, South America
10 Investor-State Awards I Had Hoped to Read in 2010
…direct readers of this blog to relevant reporting in my Investment Arbitration Reporter newsletter (not to be confused with Kluwer’s ITA newsletter) where appropriate. (You won’t need a subscription to…
US Supreme Court Denies Cert for Lloyds v Lagstein
…to allow for arbitration according to the disability policy. The arbitral tribunal awarded the doctor full policy benefits as well as punitive damages and damages for emotional distress; however, the…
The Dawn of a New BIT Generation? – The New European Investment Policy
…of this new European investment policy, which will inevitably lead to an increased politicization of the discussion regarding investment treaty arbitration. The new exclusive EU competence means that in the…
Arbitration Agreements, Asia-Pacific, Commercial Arbitration, Domestic Courts, National Arbitration Laws
Policy of Minimal Intervention Reaffirmed by Singapore High Court
…section 43(2) of the English Arbitration Act 1996. Under the Arbitration Act (or indeed, the International Arbitration Act), the position remains undecided. Section 30 of Arbitration Act (and section 13…
Did the U.S. Supreme Court, in its Stolt-Niesen Decision, Make it Easier for Courts to Vacate Arbitration Awards?
…a threshold matter, the arbitrators must decide whether, under the arbitration agreement, the arbitration can proceed as a class arbitration. After a hearing solely on this issue, the tribunal ruled…
Irish High Court on Full Versus Prima Facie Judicial Consideration of Whether an Arbitration Agreement Exists
If a national court is called upon, in the context of an application to refer parties to arbitration, to determine whether a valid arbitration agreement exists, how probing should the…
Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Brazil, Commercial Arbitration, Domestic Courts, South America
Evidence Production in Arbitration in Brazil: What to Expect
…the rules of the selected arbitral institution, if applicable. The parties to an arbitration have autonomy to choose prior to the dispute or when the arbitration has commenced not only…
Do We Need Another Arbitral Institute? Maybe.
…investment and pension funds and investors fighting over complex financial arrangements make up the parties. Traditionally, banks have steered clear of international arbitration. In fact, with New York and London…
Recognition and Enforcement of Foreign Arbitral Awards in Russia revisited: the case of Hipp GmbH & Co. Export KG (Austria) v. OOO SIVMA Detskoe Pitanie & ZAO SIVMA (Russia)
…einer Schiedsklausel (The Genesis of an Arbitration Clause), German Arbitration Journal (SchiedsVZ) 2003, p. 15, 19. when it comes to the recognition and enforcement of foreign arbitral awards. Indeed, Russian…
Kicking (all) the Tyres
The controversial topic of third-party funding in international arbitration continues to generate much debate across the conference circuit and in the legal press. On the one hand, supporters claim that…
Arbitral Seats: Choices and Competition
…arbitration lawyers it is the choice of seat (and the choice of arbitration institution) that captures their interest. Participating corporations were asked to indicate their preferred seat of arbitration and…