Everybody who has visited a certain number of arbitration conferences over the last few years has probably heard at least an equal number of contributions relating to costs in arbitration….
…exploring arbitration in Roman times. An analysis of the Arbitration Clause followed, along with a panel on The Future of Arbitration, with insight given into Peruvian Arbitration Law and the…
…party to the ICSID convention. In addition, Kosovo has passed a number of domestic laws and regulations relating to and dealing with the promotion of foreign investments. Its arbitration law…
…counsel in international arbitration raises numerous difficult issues. Most fundamentally, what would be the character of any international code of conduct for counsel in international arbitration? Would the code purport…
…has an arbitration provision. Investment arbitration is now a prominent feature of the arbitration landscape. Just as BITs have proliferated in recent years, so too have free trade agreements. There…
…purpose of arbitration. Of course, cultural differences matter in a world of international business, and it is clear that in an arbitration related context, ethics cannot be universally defined in…
…view, consistent with previous case law as well as with the established international arbitration practice as embodied the IBA Guidelines on conflicts of interest in international arbitration (General Standard 2.b)….
…not itself a signatory to a 1996 contract between Dallah and a Pakistani government-created Trust – could be bound by an arbitration clause providing for ICC arbitration. While Dallah persuaded…
Yesterday voters in Oklahoma voted overwhelmingly (70% in favor to 30% against) to ban the use of international law and Sharia law in state courts. It appears that the referendum…
…that may help overcome the problem of defective (sometimes referred to as “pathological”) arbitration agreements. While the application of national arbitration laws would often lead to the invalidity of such…
In our experience, many lawyers tend to shift a little uncomfortably in their seats when conversation turns to section 69 of the English Arbitration Act 1996, which gives parties to…
…through this new on-line mediation/arbitration system, and all settled early in the mediation stage, so we have yet to test the quality of the on-line arbitration. But we are not…
Last week I had the privilege to attend an investment arbitration conference and FDI moot court competition at Pepperdine. Kudos to Murdoch University of Australia for winning the competition and…
…recent decision, the Supreme Court found that a major dispute deriving from a contract which contained an arbitration clause with a clear reference to ICC arbitration in Paris (involving both…
…been referred to arbitration. According to the decision, while State-owned companies are not prevented from submitting disputes to arbitration, the dispute between Metrô and Consórcio arises out of a public…
…seats of arbitration; • The ICC International Court of Arbitration is the most preferred and widely used arbitration institution (50%), although there was a perception amongst a majority of interviewees…
The “Instant Cost Order” is the practical implementation of a means to address the much discussed issue of (the lack of) cost efficiency in international arbitration. It also tackles the…
…starting point for standardized data. • Domestic vs. international arbitration. Parties will want to be able to compare apples to apples, and the concept of “international arbitration” should be clearly…
…advantages of arbitration. One of the areas where this right has played a major role is multiparty arbitration. The Siemens-Dutco decision of the French Cour de Cassation (7 January 1992…
…by Phillip Morris International. (For background on the claim, see this Investment Arbitration Reporter account.) Following the flurry of Uruguayan press coverage, I spent a bit of time digging into…
…Why is it that when users express concerns about how arbitration is actually conducted, and encourage improvement, that this constructive criticism can lead one to being called “anti-arbitration”? The answer,…
…infamous word ‘may’ in article V (1). But there are more, e. g.: ‘terms of submission to arbitration’ and ‘scope of submission to arbitration’ (article V (1)(c)), the notion of…
As a forensic accountant specializing in the quantification of damages, I listened with keen interest to the various presentations at the recent Swedish Arbitration Days event ‘damages and other relief…
…international commercial arbitration (Moral Hazard in International Arbitration, Miami, 29 April 2010, see also on this blog). In a nutshell, his views can be summarized as follows: contrary to a…
