…Emanuel Urquhart & Sullivan in New York. ** Lucas Bento is an associate at the firm and a member of the international arbitration group. [1] An interesting issue considered by…
Two major events have taken place recently regarding the situation of Bilateral Investment Treaties concluded between European Member States (“Intra-EU BITs”) and Bilateral Investment Treaties concluded between an European Member…
…commercial claims under the auspices of international arbitration institutions? Many arbitral rules have recently undergone rigorous review and changes from appointed committees, such as the ICC Arbitration Rules. However, no…
…These are not, however, insurmountable obstacles. Several of the legal issues can be resolved by predicating participation on consent and support from the arbitration community. Arbitrator webpages would be created…
…later, Y initiated arbitration proceedings against X under the ICC Rules. The seat of the arbitration was Geneva. As in Vivendi vs. Elektrim, the issue was whether the arbitral tribunal…
…to be answered was whether the University’s conduct could be attributable to Ukraine under Article 5 (Conduct of persons or entities exercising elements of governmental authority) of the ILC Articles,…
…a stay since it did not apply to non-DIFC seated arbitration agreements, and thus its powers were confined to the bounds of the DIFC Arbitration law without any particular reference…
…agreement, the defendants commenced arbitration proceedings under the Singapore International Arbitration Centre Rules 2010 (SIAC Rules). They successfully applied to the tribunal for an interim order under r26.1 of the…
…Arbitration Court (Corte Civil y Mercantil de Arbitraje – CIMA) and the arbitration court of the Madrid bar association. Barcelona has the Barcelona Arbitration Court (Tribunal Arbitral de Barcelona –…
…in the Chinese arbitration community. While the new provisions in respect of pre-arbitration measures will greatly alleviate the issue (this will no doubt become a further advantage of taking pre-action…
…would be overturned on appeal remains to be seen. Since the relevant provisions in Singapore’s International Arbitration Act contain language very similar to s 2GG of Hong Kong’s Arbitration Ordinance,…
…New York Convention itself. Instead, the Court of Cassation confirmed that it had no reason to doubt the findings of the previous courts on the subject-matter, no new evidence having…
…need the eggs.” Parties to arbitration are part of our own problem. Naturally so, that’s why we’re in arbitration. We may view the other side as unreasonable or even crazy,…
…interfering with the arbitration process and as sending the wrong signals to arbitrators by discouraging co-operative approaches to the conduct of arbitration. But Flex-n-Gate clearly poses a challenge to that…
…outside the norm in international arbitration, whether depositions could be useful in international arbitration and finally, what principles should guide the use of depositions in international arbitration in the event…
The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article. In…
…arbitration clause providing for arbitration of any disputes under the AAA rules. Page fourteen of the agreement also had a separate provision stating the following: COSTS, DAMAGES, AND ATTORNEYS’ FEES….
…“differing legal orders.” In the landmark SGS v. Pakistan arbitration the tribunal recognized that “[a]s a matter of general principle, the same set of facts can give rise to different…
…new rules permit the administration of arbitration proceedings by a CIETAC sub-commission only if the arbitration clause stipulated that the sub-commission shall be the administrating institution, and the sub-commission is…
Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “promoted” with common thought…
…an alleged arbitration agreement must not assess in full the validity of the arbitration agreement. In such cases, the state court must limit itself to a summary examination of whether…
…women leadership in arbitration. But to speak from the perspective of a younger professional, the composition of arbitration leadership is only a part of the representation problem. For young women…
…parties agree to arbitration as an efficient and lower-cost alternative to litigation, both the parties and the system itself should respect the finality of the arbitration award. Litigants must therefore…
…a topic not addressed by the Brazilian Arbitration Act, and reassures the view that, where there is an arbitration agreement, the national courts may only intervene to support arbitration and…
