…procedural conduct of an international arbitration. Strong’s book then addresses the enforcement of arbitration agreements, including (the uniquely American) motions to compel arbitration, as well as other means of enforcing…
…International: 2009) at p. 90) Which actions may be taken proprio motu? According to Rule 41(2) of the ICSID Rules of Procedure for Arbitration Proceedings (“Arbitration Rules”) “The Tribunal may…
…paucity of women might be most visible at the very top of the arbitration world, where there are very limited numbers of women arbitrators and arbitration partners, the problems faced…
…EU investment agreements will likely permit investor-claimants to pursue arbitration under ICSID or UNCITRAL auspices, but will also give them the right to seek arbitration under any “other” rules provided…
…a stay is appropriate. If the matter is submitted to arbitration, neither the DIAC [in accordance with Article 6.2 of the DIAC Arbitration Rules] nor the arbitration tribunal would be…
…though the claim at hand is quite a straightforward political maneuver, the legal aspects thereof do deserve closer attention. In the author’s view, the legal effect of UN Security Council…
…of discretion in the conduct of the proceedings subject to the observance of fundamental rules of procedure. (See Article 17(1) UNCITRAL Arbitration Rules as revised in 2010; See also Born,…
…sure that the award is enforceable at law”. Article 32.2 of the LCIA Rules is almost identical. However, several clues suggest that these provisions are not intended to establish a…
…the establishment of an arbitration center as an alternative to the ICSID. Some might be rubbing their hands and wait impatiently for the next arbitrations coming with the next Argentinian…
…Code (CPC), which is based largely on the former Egyptian Civil Procedure Law. The UAE also signed the New York Convention (NYC) in 2006 and its provisions apply to both…
…must comply with the provisions of the laws of Myanmar, in general, and with the provisions of the FIL and the investment permit in particular. Substantial restrictions apply in relation…
by Patricio Grané and Brian Bombassaro The year 2012 brought eight new investor-state arbitration decisions on umbrella clauses.1)(1) Société Générale de Surveillance S.A. v. Republic of Paraguay, ICSID Case No….
…and shorter. New editions of institutional arbitral rules were introduced by the SIAC in 2010, the ICC in 2012, and the HKIAC’s revised Administered Arbitration Rules (Draft HKIAC Rules) are…
My friend and colleague David Caron, C. William Maxeiner Distinguished Professor of Law at the University of California, Berkeley, has been named the new Dean at the Dickson Poon School…
…representatives and the U.S. defense bar (available here; see also David Garcia and Leo Caseria, Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again (Nov….
…to governments’ ability to effectively respond to emergent demands, such as financial crises or climate change, the redress of which requires new policies and approaches. The mere filing of an…
…difference has been referred to it, no party may commence any arbitration procedures in accordance with this Agreement. This was followed by a standard LCIA arbitration agreement in section 14.4….
…host country to be substantial. Further, “indirect” expropriation provisions in BITs and FTAs provide property rights not available in many nations’ domestic legal systems. Under ISDR, governments can be required…
…looks at the role of law firms, arbitrators and third-party funders in investment treaty arbitration. In it, we argued that the arbitration industry has fuelled an investor-state dispute boom over…
…to its dragging Argentina to international arbitration. While a number of arbitration lawyers and institutions have since petitioned the U.S. Supreme Court to hear BG’s last-ditch appeal, the procedural requirement…
…justice to an impecunious party who may have a credible / meritorious claim. Arbitration finance is a specialty corporate finance focused on arbitration claims (i.e. the award proceeds) as assets…
…New York Rules are based on the American Bar Association’s Model Rules of Professional Conduct, which form the basis of the conduct rules in many other US jurisdictions. Given that…
…occured (Australia: International Arbitration Act 1974 (Cth) (the IAA), s 19; New Zealand: Arbitration Act 1996 (the 1996 Act), First Schedule, arts 34(6) and 36(3)). This form of drafting opens…
…95(b); Amto v. Ukraine, Arbitration no. 080/2005 SCC Rules, Final Award of March 26, 2008, para. 110; EDF (Services) Limited v. Romania, ICSID Case no. ARB/05/13, Award of October 8,…
