Choosing the Weathered Veteran or the Young Buck?
…This is not a new topic. I find myself often standing amongst professional peers when it comes up. You see it when someone is talking about the lack of female…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Mediation Becomes Established ADR Mechanism in Greece
…effect comply with the provisions of the EU Mediation Directive 2008/52/EC for various commercial law matters. The draft paper on this new law was just voted on, on 9 December…
Anti-Arbitration: A New Year’s Resolution to Leave Worst Practices Behind
…for those engaging in international arbitration would be to pledge to stop engaging in them. While arbitrators, institutions, and even country legal systems, may all have their own list of…
Africa, Asia-Pacific, BIT, Canada, Energy Charter Treaty, Europe, International arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection, NAFTA, North America, Russia, Set aside an arbitral award, Set aside an international arbitral award, South America
10 Investor-State Awards I Had Hoped to Read in 2010
…on December 23rd when an ICSID annulment committee annulled the 2007 ruling. The annulment paves the way for a new arbitration, and one imagines that this will land on ICSID’s…
US Supreme Court Denies Cert for Lloyds v Lagstein
…to allow for arbitration according to the disability policy. The arbitral tribunal awarded the doctor full policy benefits as well as punitive damages and damages for emotional distress; however, the…
The Dawn of a New BIT Generation? – The New European Investment Policy
…of this new European investment policy, which will inevitably lead to an increased politicization of the discussion regarding investment treaty arbitration. The new exclusive EU competence means that in the…
Arbitration Agreements, Asia-Pacific, Commercial Arbitration, Domestic Courts, National Arbitration Laws
Policy of Minimal Intervention Reaffirmed by Singapore High Court
…Arbitration Act (Cap 10) (the “Arbitration Act”). Nonetheless, the Court’s observations would likely apply in the international context, given the similarities between the Arbitration Act and the legislation governing international…
BIT claim or Contract Claim?
…the American Bar Association’s Model Code of Professional Conduct, a couple provisions imply that the attorney’s representation must be to completely do what is reasonable and best for the client….
Did the U.S. Supreme Court, in its Stolt-Niesen Decision, Make it Easier for Courts to Vacate Arbitration Awards?
…entered into a Supplemental Agreement to be bound by Rules 3 through 7 of the American Arbitration Association’s Supplementary Rules for Class Arbitrations. Rule 3 contains a requirement that as…
Irish High Court on Full Versus Prima Facie Judicial Consideration of Whether an Arbitration Agreement Exists
…party opposing arbitration to apply for a judicial declaration that no valid arbitration agreement existed. This line of reasoning has persuaded the Indian Supreme Court (albeit in a split decision),…
Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Brazil, Commercial Arbitration, Domestic Courts, South America
Evidence Production in Arbitration in Brazil: What to Expect
…Rules, and 22 of the LCIA Arbitration Rules. The framework provided by all these national and international rules leaves the parties – and, if they are silent, the arbitrators –…
Do We Need Another Arbitral Institute? Maybe.
…presence of the Permanent Court of Arbitration (“PCA”). In fact, the new facility intends to use the PCA as an appointing authority similar to that outlined in the UNCITRAL rules….
Recognition and Enforcement of Foreign Arbitral Awards in Russia revisited: the case of Hipp GmbH & Co. Export KG (Austria) v. OOO SIVMA Detskoe Pitanie & ZAO SIVMA (Russia)
…(Children’s Nutrition) which contained an arbitration clause referring to the Vienna International Arbitration Center (VIAC) and the Vienna Rules. On 6 November 2006, Hipp concluded a guarantee contract with the…
Kicking (all) the Tyres
The controversial topic of third-party funding in international arbitration continues to generate much debate across the conference circuit and in the legal press. On the one hand, supporters claim that…
Arbitral Seats: Choices and Competition
…arbitration lawyers it is the choice of seat (and the choice of arbitration institution) that captures their interest. Participating corporations were asked to indicate their preferred seat of arbitration and…
“Waiter, I did not order this! – The Arbitrator and the Evidentiary Excess”
…has been set down in the 2010 revision of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) which put the entire evidentiary process under the…
5th Annual Congress on Arbitration, 12-13 October, Buenos Aires
…exploring arbitration in Roman times. An analysis of the Arbitration Clause followed, along with a panel on The Future of Arbitration, with insight given into Peruvian Arbitration Law and the…
Kosovo and Arbitration – The Birth of a New State
Within the last two decades, over 30 new states emerged within the international community. From a political, economic, as well as a legal point of view, the formation of a…
A Code of Conduct for Counsel in International Arbitration
…conduct and national rules of professional responsibility. In many jurisdictions, counsel’s conduct in an international arbitration is subject to obligations imposed by his or her local bar (which may or…
The New World of International Trade Arbitration
…DSU. The procedures are similar to investment arbitration. There are provisions for the request for arbitration, establishment of an arbitral panel, rules on arbitrator conduct, rules governing proceedings, evidence gathering…
Can I do this? – Arbitrator’s Ethics
…conduct in arbitration proceedings. All these initiatives share one particular attribute with national rules for professional conduct. They are catered towards the more classical role of the attorney as party…
Appointment of arbitrators, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, ICC Arbitration, National Arbitration Laws, Partial award, Set aside an international arbitral award
Challenges: Do Institutional Rules matter? The situation after Tecnimont II
…view, consistent with previous case law as well as with the established international arbitration practice as embodied the IBA Guidelines on conflicts of interest in international arbitration (General Standard 2.b)….
Where to find today’s UK Supreme Court decision declining to enforce an ICC award against Pakistan
…not itself a signatory to a 1996 contract between Dallah and a Pakistani government-created Trust – could be bound by an arbitration clause providing for ICC arbitration. While Dallah persuaded…
International Law Banned in Oklahoma State Courts
…States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States…