Fakes vs. Phoenix
…which found in its 15 April 2009 Award that good faith and legality are jurisdictional requirements for access to ICSID arbitration. Fakes is a welcome addition to a growing body…
Search Results for: efficient arbitration
Arbitrators on the Witness Stand! Comparative Approaches
…subsequent court proceedings is not subject to any provision of the English Arbitration Act 1996. There is, in the words of Gordon Blanke, “a discrete body of English common law…
Uruguay Hints at Compromise in Arbitration with Philip Morris
A string of mainstream media reports are suggesting that Uruguay is looking to compromise with Philip Morris International in relation to a sensitive international arbitration. On Tuesday, The UK-based Guardian…
LCIA India Arbitration Rules – First Impressions
…new culture of arbitration practice in India, one that goes back to being what arbitration should always have been: a fast, efficient and less expensive alternative to litigation. References[+] References…
The International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry: New Developments and a Short Comment on the Rumor Mill
Last month a number of noteworthy arbitration-related developments took place in Moscow. Firstly, the international conference “Commercial Arbitration in Russia, Sweden and the UK: New Business Opportunities”, was held on…
More on Corporate Criticism of International Arbitration
I recently spoke at a conference co-sponsored by the Milan Chamber of Arbitration and the ICC on the occasion of the publication of the new Italian arbitration treatise entitled Commentario…
A View from the Mountain Top: A Challenge to International Arbitral Practice in Thomas Mann’s Magic Mountain
Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s…
Here Comes the Sun …
…need a summer ‘pick-me-up’, here it comes … The last time I had the pleasure of blogging was back in December, when I introduced several significant enhancements to Kluwer Arbitration,…
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, Costs in arbitral proceedings, Disclosure, Domestic Courts, United States
Can Discovery Costs be treated as Arbitration Costs?
…the arbitration”. In the context of UNCITRAL or institutional arbitration, it should be seen whether the applicable arbitration rules permit to treat such costs as costs of the arbitration. It…
European Parliament Committee Expresses Views on Arbitration and Court Jurisdiction
…spite of an arbitration clause whenever that court decided that the arbitration clause, although binding under the law of the contract and the law of the seat of arbitration, was…
Corporate Counsel Discuss Arbitration Cost and Delay
…members were asked whether they still believe that international arbitration is preferable over the alternatives. Only one corporate counsel said he would go with litigation over arbitration every time, but…
Should an Enforcing Court Re-open a Tribunal’s Decision on a Question of Public Policy?
…the finality of arbitration awards and non-enforcement of awards which violate public policy. Unsurprisingly, this issue has come up before in England, notably in three cases all dating from around…
Swiss Federal Supreme Court Denies the Applicability of an Arbitration Clause in the Articles of Association to Liability Claims Against Board of Directors of an Insolvent Company
…when accepting the appointment, at least by way of referral to the arbitration clause in the articles of arbitration consent to such arbitration clause. On the contrary, an arbitration clause…
The Swiss Federal Court Dismisses Two Appeals Concerning the Constitution of an Arbitral Tribunal
…arbitration against X (“X”), a Czech citizen. In the second arbitration (dealt with in the decision 4A_258/2009), X (Respondent in the first arbitration) initiated an arbitration against Y (“Y”), a…
The Swiss Federal Court Confirms an Award Granting Damages for the Violation of an Arbitration Clause
…Distributor should have shown that the issue of violation of the arbitration clause is not covered by the arbitration clause itself and therefore the tribunal did not have jurisdiction to…
Why São Paulo’s Yellow Subway Line Poses No Serious Threat
…Arbitration Act and the Supreme Court’s December 2001 decision confirming the constitutionality of the provision in the Arbitration Act regarding the specific performance of the arbitration clause, courts in Brazil…
Major New Development in Argentine Crisis Case at ICSID
…my Investment Arbitration Reporter news service, however I wanted to make readers of the KluwerArbitrationBlog aware that they can download a copy of today’s remarkable ICSID ruling here. For background…
Brazilian Courts and Arbitration: Injunction in Review
…and international arbitration. This case reveals two relevant arbitration trends in vogue in Brazil. First, the decision from the court of first instance shows the recent eagerness of more engaged…
20 Years of Investment Treaty Jurisprudence
…arbitration request exclusively based on a treaty provision and not in implementation of a freely negotiated arbitration agreement directly concluded between the Parties…” (para. 18, Final Award). This despite the…
Arbitration Proceedings, Commercial Arbitration, Enforcement of an arbitration clause, National Arbitration Laws, United States
Oklahoma’s “Save Our State Amendment” and Related Legislative Developments in the United States
…preclude a party from enforcing a foreign award or international arbitration agreement, even if the award applied foreign or international law. The New York Convention and Federal Arbitration Act (Chapter…
Will U.S. Lack of Consensus on Investment Protection Slow the TPP Negotiations?
…both investor rights and binding investor-state arbitration. (The Australian FTA omits the latter.) These investment chapters reflect both NAFTA Chapter 11 and the negotiating objectives for investment contained in the…
The Impact of Stolt-Nielsen on Drafting Arbitration Clauses
…the AAA Supplementary Rules on Class Arbitration, submitted to the arbitrators the question whether the clause authorized class arbitration. During the course of the arbitration, the parties stipulated that the…
There’s Life In The Anti-Suit Yet
…actual or intended arbitral proceedings. Various disputes arising in connection with a twenty year concession agreement led, despite the existence of an arbitration agreement, to several sets of proceedings in…
Land Reform and Investment Arbitration in Southern Africa
…region though. (Indeed, I blogged about this topic a year ago). Readers of my Investment Arbitration Reporter news service will be aware of the international arbitration claim mounted by a…