…Agreement (CAFTA-DR), specifically Article 10.20.2, including the relationship between non-disputing State Party submissions and the transparency provisions of CAFTA-DR as well as the implementation of Article 10.20.2 since CAFTA-DR entered…
…it was common ground between the parties that the Arbitration Act contained no such power. Instead, the parties’ disagreement centred around whether the Arbitration Act was the sole basis by…
…“legal capacity” in relation to arbitration. The Kompetenz-Kompetenz principle and autonomy of the arbitration agreement: These two important principles are completely missing from the CCP provisions regulating arbitration. Interestingly enough,…
…If implemented, virtually none of the major international arbitration institutions will require that parties appoint arbitrators from a closed list (the Court of Arbitration for Sport is the only prominent…
…contracts with States and State entities, and not those with purely commercial counterparties. With a modern arbitration regime under the new Arbitration Ordinance (Cap. 609), one of the leading arbitral…
…have been chronicled in my Investment Arbitration Reporter newsletter, and you can find more background here. While members of the international arbitration community should be decrying this move to kick…
…Conflicts of Interest in International Arbitration addresses multiple appointments in two sections: 3.1.3 The arbitrator has within the past three years been appointed as arbitrator on two or more occasions…
…likely to be contentious not only among the other parties to the negotiation (Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam) but in other U.S. agencies and with…
…of repudiatory breach of contract by the arbitrator (i.e. failure to conduct the arbitration proceedings properly) but even then there may be limitations such as an additional requirement that the…
…The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each…
…arbitration proceedings under the Pakistani Arbitration Act following the commencement of the ICSID arbitration. However, the SGS v. Pakistan case had highlighted the need for national legislation in order to…
…litigation, and needs to be more efficient and less costly. As a result, arbitrators are being encouraged to speed things along, and rules such as the IBA Rules on the…
…Milan Chamber of Arbitration has issued a new arbitration rule, CAM Rule 8, providing for the publication of arbitration awards together with guidelines for doing so in an anonymous format,…
…of leadership. The empirical data of WTO and ICSID nominations from 1995 to 2009 bear this out: ICSID arbitration is much more concentrated than WTO dispute settlement. With ICSID arbitration,…
…new Arbitration Law are not based on the UNCITRAL Model Law. First, the new Law provides for the confidentiality of arbitration proceedings. In court proceedings relating to the arbitration, only…
…being encouraged to speed things along, and rules such as the IBA Rules on the Taking of Evidence are being tightened in order to vest arbitrators with the discretion to…
…of certain key features of the new regime including: 1. the abolition of the distinction between ‘domestic’ and ‘international’ arbitration (and the transitional provisions which apply in the context of…
…may be appropriate when discounting future cash flows to increase discount rates above those that might otherwise apply. If a company is new and management relatively inexperienced, it may be…
…arbitration. For practitioners, it can affect how we consult with clients, gather evidence to support a position, make arguments to a tribunal, or interpret results for our clients. For arbitrators,…
…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…
In a recent decision, the Swiss Supreme Court examined whether contractual provisions contemplating certain procedural steps before initiating arbitration proceedings impacted the jurisdiction of the arbitral tribunal (Case no. 4A_46/2011…
…Slovakia argued that this was a condition precedent to arbitration which had not been met by Alps and that Slovakia’s consent to arbitration was therefore missing and the Tribunal lacked…
…considered non-arbitrable under Singapore law. In seeking to strike the delicate balance between its robust pro-arbitration stance and its insolvency regime, the Court’s underlying philosophy strives to give the private…
…that defendants would bet the company with no effective means of review […].” Elsewhere, on 15 March 2011, the Arbitration Rules of the Spanish Court of Arbitration introduced (on an…
