…arbitration, the Draft Statement recommends as follows: Governments should seek to ensure that, where relevant, the ISDS system adequately integrates and balances the goals of international environmental and investment law….
…tax treatment. The application for enforcement of the arbitral award was made under the Belize Arbitration Act which incorporated the provisions of the New York Convention. The Attorney General argued…
…which allows parties to adopt “other arbitration rules” as the applicable rules of the arbitration. The underlying reason for this trend is simple: Article 4.2 provides an apparent opportunity for…
…such an instance. It is a decision to be welcomed. In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was…
Sports arbitration is becoming an increasingly important field. In Switzerland, where the Court for Arbitration for Sports is located, the Swiss Supreme Court is seeing lately nearly half of its…
…subject of arbitration proceedings with appropriate emphasis on excerpts from arbitral awards. Amazingly, inadequate attention to the arbitration proceedings is one of the greatest failings of most international arbitration casebooks…
While Russia is a signatory to the New York Convention, there is a perception amongst some practitioners and arbitration users that Russia is not an arbitration friendly jurisdiction. This viewpoint…
The new French arbitration law, published on 14 January 2011, further reinforces Paris’ position as a leading arbitration centre. The new law, which comes thirty years after the previous 1980…
…the institution’s new arbitration rules, which came into force on July 1, 2010. Alongside incremental improvements to the previous rules, the new 4th Edition introduced two more substantial changes: provision…
On March 23, in Washington, DC, the Institute for Transnational Arbitration and the American Society of International Law will co-host a conference on “Fault Lines in International Commercial Arbitration.” Building…
…parties to that arbitration and that the Ecuador courts are constitutionally protected from any such attempts at interference by the Ecuador government. When I asked about the prospect of the…
…Similarly, institutional arbitration rules are often silent on this issue, with CIETAC Arbitration Rules and German DIS-Arbitration Rules being notable exceptions. Article 40 of the CIETAC Arbitration Rules provides that…
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create…
…today in the entrance-hall to the London Museum of International Arbitration. So imagine my surprise to have participated in the arbitration that finally (and officially) broke the elusive barrier. It…
…rapeseed and claimed damages for non-delivery. B commenced two arbitrations against A under the Federation of Oils, Seeds and Fats Associations (“FOSFA”) Rules of Arbitration and Appeal. A challenged the…
During the last quarter of 2010 the German Arbitration Institution (‘DIS’) and the Chartered Institute of Arbitrators (‘CIAarb’) held a conference in Frankfurt to debate the relative merits of the…
According to a well-placed contact at a major arbitral institute, a significant proportion of new arbitration matters involve post-acquisition disputes; in particular, claims brought against vendors of businesses who are…
…ICSID Arbitration Rule 41(5). The tribunal ruled that the claims asserted in the arbitration were “manifestly without legal merit” within the meaning of Rule 41(5). Nine days after the Global…
…of the ICSID Arbitration Rules Rule 41(5) is a new provision, introduced as part of the amendments that came into effect on 10 April 2006. The Rule 41 (5) opens…
…consistent with the modern approach advocated by the IBA Guidelines on Conflicts of Interest in International Arbitration and the provisions governing Swiss domestic arbitration enacted in the new Swiss Code…
…SPP v. Egypt, the tribunal decided to apply “general principles of statutory interpretation” taking into account both “relevant rules of treaty interpretation and principles of international law applicable to unilateral…
…on the reform. The new law can be found here, as well as the accompanying commentary here. The reform concerns both domestic and international arbitration and the new provisions will…
…in Schedule 2 of the new Arbitration Ordinance. These will apply in place of certain of the Model-Law based provisions, where parties so choose. These specialised provisions include: – disputes…
…of interest are invited from all full-time legal academics, particularly in the fields of international arbitration and litigation, private international law, public international law, and comparative law, regardless of seniority…
