…largely untouched. Critics of investment treaties had requested that the U.S. government either replace investor-State arbitration with State-State dispute resolution, or delay or limit the recourse to investor-State arbitration (for…
…Arbitration/Answer to the Notice of Arbitration (Art. 3.3(h); Art. 3.7(f)). • As a rule, the parties must already file all the evidence they rely on with the Statement of Claim/Defence…
…Changes”, in ASA Bull. 2/2012 (forthcoming)). The “Swiss Chambers’ Arbitration Institution” and “Arbitration Court” Until now, arbitration cases under the Swiss Rules were administered directly by the various Chambers. With…
…by the fact that seven federal courts have already made findings under the crime/fraud doctrine about this scheme.” The Statement of Claim makes no mention of the investment arbitration, nor…
…In addition, there have also been three proceedings against non-Contracting States under the ICSID Additional Facility Rules: one arbitration against South Africa and one arbitration and one conciliation proceeding against…
…was evolving, a vast culture of arbitration developed in Spain, made evident by the proliferation of arbitration clauses in business agreements, the burgeoning of courts of arbitration in its big…
…Lombard and GATX did in their agreement, the prevailing practice in international arbitration is to include arbitration clauses that have a broad scope. A broad arbitration clause provides distinct benefits,…
…the arbitration agreement. In such a scenario, the court can adopt one of two approaches. It may stay the entire proceedings pending the outcome of the arbitration, or alternatively, it…
…held that a stay of proceedings under the International Arbitration Act can only be granted if the proceedings instituted fall within the terms of the arbitration agreement. The arbitration agreement…
…its modern legal framework (since 1993 based on the UNCITRAL Model Law on International Commercial Arbitration) and for its arbitration friendly judiciary. According to statistics published every year by the…
…arbitration, I was also convinced that confidentiality was a true hallmark of the benefits which international arbitration offers. Over time, with experience and increased knowledge I learned – is that…
…of Investment Arbitration Reporter, an online news and analysis service specializing in foreign investment law and policy. By invitation of Kluwer, he contributes occasional commentary to the Kluwer Arbitration Blog…
…at our sole option, refer the claim, dispute or difference to LCIA arbitration in London (…)”. The Claimant asserted that the terms of business and the arbitration option were not…
…to investment arbitration. In short, federal courts take a functional approach in defining an “international tribunal” in the commercial arbitration context, and a formalist approach in the investment arbitration context….
This post follows on from the highly informative Kluwer Arbitration Blog post by Elizabeth Kantor, “The ‘West Tankers’ Saga Continues: Can Damages Compensate for Breach of an Arbitration Clause?” Whilst…
…as regards the application of the Brussels Regulation to arbitration. He acknowledged that arbitrators are bound to apply EU law but clarified that arbitration is excluded from the scope of…
…straightforward answers to these questions; the answers, however, may be found specifically in the contexts in which the notion of good faith is to be examined. In investment arbitration jurisprudence…
In recent years, Korea has become an object of some attention in the international arbitration field. But less than 15 years ago, there was no “arbitration field” in Korea to…
…it is the only viable Asian rival to Hong Kong as an arbitration seat. Both have excellent infrastructure, strong independent courts, sensible arbitration legislation, and (generally) a pro-arbitration environment. Both…
Section 3.3.6 of the IBA Guidelines on Conflicts of Interest in International Arbitration advise that when a “close personal friendship exists between an arbitrator and counsel of one party, as…
…the claimed debt, which were not honoured. SGS commenced ICSID arbitration under the bilateral investment treaty (“BIT”) between Switzerland and Paraguay. The BIT contains an umbrella clause under Article 11….
…that the funding agreement may play a larger role (with its corresponding confidentiality provision) in arbitration than in litigation. With arbitration the likely reason to require disclosure may be limited…
…Broader provisions on the language of the arbitration Under the current Rules, in the absence of party agreement on the language of the arbitration, the arbitration must be conducted in…
As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of…
