Whereto now, the Italian Torpedo?
…the arbitration agreement.) Unfortunately, the Court of Appeal disagreed and parties who had entered into what the English court regarded as a valid and binding arbitration agreement nonetheless found themselves…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
BIT, Compensation for Moral Damages, International Law, Investment Arbitration, Investment protection
Moral Damages in Investment Arbitration
…However, in a recently-concluded ICSID arbitration proceeding, a tribunal grappled at considerable length with the claimant’s $3Million (US) moral damages request. You can find a fuller accounting of the Joseph…
Anti-arbitration, Arbitration, Arbitration clause, Arbitration Institutions and Rules, ICC Arbitration, Joinder
Anti-Arbitration: Drafting?
…website say nothing about joint appointments or disputes involving multiple parties, and the ICC’s arbitration rules themselves do not provide for joinder. Thus, to address just this one line in…
Reconsidering ICSID Awards
…that provide for ICSID arbitration, and finally on the decision of investors to bring an ICSID arbitration when it gets into a foreign investment dispute with a host state. In…
A sixty month makeover: reinventing India as an “arbitration-friendly” jurisdiction
…arbitration in India. It will also need a pro-arbitration legal framework and a judiciary that is supportive of arbitration. Equally essential are a pool of lawyers who are skilled in…
Reflections on Vis From the Winning Team
…arbitration rules were the subject of this year’s moot. His final words were to announce that the University of Ottawa had won. You can imagine the jumping up and down…
Some Cost Consensus?
…not listed all who posted material on this timely theme. This spring Arbitration International published my article “The Cost Conundrum”, where I argued for reforms in the “arbitration industry”, but…
Egypts Unrest – Dubai’s Moment of Opportunity?
…the leading arbitral institute for the Middle East resides. The Cairo Regional Centre for International Arbitration (the Cairo Centre) has enjoyed being the leading international arbitration in the Middle East…
Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration
According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure),…
Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who Appointed Them!
…of the perks of international arbitration – the ability to shop around for the arbitrator. True, but shopping around for the most qualified arbitrator would remain a perk even if…
New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration
…N.Y. App. Div. LEXIS 1709, bolsters New York’s reputation as a jurisdiction friendly to international arbitration. In this case, which involved two non-U.S. parties in an arbitration seated in Singapore,…
The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?
…If mediation fails, the investor may choose to have the dispute resolved through arbitration administered by the FDRC scheme (or standard court or arbitration proceedings). In an FDRC-administered arbitration, an…
Importing the “negative effect” of the principle of competence-competence into Swiss law?
…state court in Switzerland by invoking that parties had agreed on arbitration with a venue elsewhere, could become very cumbersome Based only on the plausibility that such an arbitration agreement…
Inter-American Conventions, International arbitration, Investment Arbitration, Investment protection, South America
What will the recent entry into force of the UNASUR Treaty mean for investment arbitration in South America?
…the proposals that UNASUR is advancing, particularly in the field of investor-State arbitration. Amongst other things, UNASUR is proposing an arbitration centre and rules that will change – in some…
The European Advocate General Supports BIT Obligations in EC v. Slovakia Case
…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…
Anti-arbitration, Arbitration Agreements, Corporate Counsel's view, Costs, International arbitration
Anti-Arbitration: Feedback on Your Recent Pitch
…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…
Swiss Appeals, Swiss Efficiency
…comment on the practical effects and consequences of the now well-honed Swiss system for appealing international awards rendered in my small but clearly “arbitration friendly” country. The appeal arose from…
The Form of the International Arbitration Agreement under the 2011 French Arbitration Law
…on International Commercial Arbitration, Kluwer 1999, §§ 606-610). Under the new law, Article 1507 CCP clearly expresses that an international arbitration agreement shall not be subject to any requirements as…
Dallah and the New York Convention
…Dallah $20 million plus legal costs. Dallah sought enforcement of the award in England under the New York Convention and the English Arbitration Act, 1996, and, subsequently, also sought exequatur…
A Chance to Discuss Proposed or Published Changes to Key Arbitration Rules
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…
Swiss Embargos and their Impact on Contracts Governed by Swiss Law Illustrated by the Swiss Sanctions against Iran
…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…
Arbitration, Arbitration Act, Canada, Consumer contracts, Enforcement of an arbitration clause, North America
The Supreme Court of Canada: Pro-Arbitration No More
…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…
Anti-arbitration, Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Dispute resolution clause, International arbitration
Anti-Arbitration: An International Pledge to Arbitrate Commercial Disputes?
…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.”…
Arbitral seat, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Commercial Arbitration, Disclosure, International arbitration, National Arbitration Laws, Seat of the arbitration
The Swedish Supreme Court Emphasizes International Arbitration Law Principles
…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…