…WTO cites the International Court of Justice. Given the growing importance of investment arbitration, it is surprising that the WTO does not rely on arbitration precedent as persuasive authority in…
…the seat of the arbitration is the ‘centre of gravity’ of the arbitration and therefore a choice of a foreign-seated arbitration by the parties ordinarily meant that the parties also…
…of ICCA’s Yearbook Commercial Arbitration, due to come out in December 2012.) Adv. Leventhal is Partner of the international department at Gideon Fisher & Co. and specializes in international arbitration….
…Guy Pendell, underscores an important weakness in the international arbitration system’s legal framework. While everyone accepts that the arbitration agreement is the foundation of an international arbitral tribunal’s adjudicative power,…
During a bitter battle with anti-doping authorities, international cycling champion Lance Armstrong publicly campaigned against the anti-doping arbitration process. Armstrong’s offensive provides insights into widespread misconceptions about arbitration. On 20…
…Arbitration. We were privileged with the attendance of the co-Chairman of the ICC Commission on Arbitration’s Task Force on Arbitration Involving States or State Entities, who addressed some of the…
Monday’s New York conference on “Arbitration with States and State Entities under the ICC Rules” got me thinking about the possibility of amicus submissions in investment cases before the ICC…
…lacunas of Indian arbitration law. The Indian Arbitration Act The regulation of arbitration, according to Bharat Aluminum, consists of four stages: a) commencement of arbitration; b) conduct of arbitration; c)…
…and Murphy Oil Corporation v. Government of Canada (‘Mobil v. Canada’) is highly anticipated after a U.S. website leaked the fact that Canada had lost this arbitration against the two…
…between international arbitration and litigation. Thus, if the claimant decides to refer a dispute to arbitration, the arbitral award should not be vulnerable to being challenged on the basis of…
…to “arbitrators” in the arbitration clause. Blumenthal subsequently applied to the English Commercial Court for an order under section 18 (3)(d) of the English Arbitration Act 1996 (“the Act”) that…
…English common law. The DIFC is further governed by its own laws, including the DIFC Arbitration law of 2008 (the “DIFC Arbitration Law”), which is largely based on the UNCITRAL…
Investment arbitration under intra-EU investment treaties has been a controversial topic for years. The European Commission has repeatedly expressed the view that arbitration clauses in bilateral investment treaties between EU…
…made up of twelve arbitrators who are selected by the International Council of Arbitration for Sport based on their expertise in arbitration and sports law. During London 2012, the CAS…
…arbitration and commercial arbitration is becoming increasingly wider. As outlined in this decision, in commercial arbitration, when the temporal validity of the agreement to arbitrate expires, the arbitral tribunal loses…
…jurisdiction. The stay was granted on the ground that there was an arbitration which was intended to take place and the outcome of that arbitration would effectively determine the issues…
Reminder — The September 1 deadline is now drawing near for the Call for Papers, for the Institute of Transnational Arbitration (ITA)’s Winter Forum in Miami on January 24-25. Details…
…creditor. The present note discusses why in this case provisional stay was not lifted after expiry of the 30-day time limit provided for in Arbitration Rule 54(2) and what are…
…before arbitration; (iv) the scope of the arbitration agreement covered any dispute, without restriction; (v) the Insurers could continue with the arbitration; and (vi) the exclusive jurisdiction clause at condition…
…the international arbitration community is ready for the Project. State parties in investment arbitration have become more assertive. They are less tolerant of information asymmetries that systematically benefit law firms…
The saga with Yukos Oil and its nationalization – and the effects on its various related entities – has been ongoing for quite some time. As reported in the news…
…conducted the arbitration in English. The Supreme Court then turned to the exercise of interpreting Art. IV(2) NYC, noting that the purpose of the NYC was to facilitate the recognition…
LONDON OLYMPICS, August 1, 2012 — Badminton officials took the extraordinary step today of tossing out four teams for deliberately trying to lose their preliminary matches. The eight disciplined players…
…into the arbitration legislation at the provincial and federal level, a sophisticated arbitration community well versed in both the common and civil law traditions, and, more than anything else, a…
