The European Convention on International Commercial Arbitration 1961 (ECICA) is a multilateral treaty regulating certain aspects of international arbitral proceedings. Some of its provisions cover issues also governed by the…
…similar appeal mechanisms appear in the arbitration laws of many other developed jurisdictions (such as the United States, Singapore, Australia and New Zealand), they continue to be controversial within the…
…through this new on-line mediation/arbitration system, and all settled early in the mediation stage, so we have yet to test the quality of the on-line arbitration. But we are not…
Last week I had the privilege to attend an investment arbitration conference and FDI moot court competition at Pepperdine. Kudos to Murdoch University of Australia for winning the competition and…
…recent decision, the Supreme Court found that a major dispute deriving from a contract which contained an arbitration clause with a clear reference to ICC arbitration in Paris (involving both…
…several construction companies for the construction of a new underground line in the city of São Paulo should not have been referred to arbitration. The dispute between the Companhia do…
…arbitration agreement or governing arbitration rules, while 12% were uncertain whether the arbitration would be confidential under such circumstances. The 67 interviews of survey participants will form the basis of…
…the legal and other costs of the parties. The arbitration costs, i.e., arbitrators’ fees, administrative charges of arbitral institutions, and hearing facilities will add to the total cost of an…
…starting point for standardized data. • Domestic vs. international arbitration. Parties will want to be able to compare apples to apples, and the concept of “international arbitration” should be clearly…
…policy. Where neither the underlying arbitration clause nor the applicable arbitration rules contained special rules ensuring the strict equality of the parties in the appointment process section 1034(2) Code of…
…by Phillip Morris International. (For background on the claim, see this Investment Arbitration Reporter account.) Following the flurry of Uruguayan press coverage, I spent a bit of time digging into…
…Why is it that when users express concerns about how arbitration is actually conducted, and encourage improvement, that this constructive criticism can lead one to being called “anti-arbitration”? The answer,…
…31 October 2009 at the conclusion of a conference entitled “The New York, European, and Panama Conventions.” New York 1958: ‘Vivat, Floreat et Crescat the New York Convention.’1)Pieter Sanders, ‘The…
As a forensic accountant specializing in the quantification of damages, I listened with keen interest to the various presentations at the recent Swedish Arbitration Days event ‘damages and other relief…
…The LCIA is equally interesting, as its rules provide for the appointment of all arbitrators by the LCIA Court. Its figures are all the more telling that the LCIA is…
…well-known arbitrator who only half-jokingly commented on my “anti-arbitration” view, although he then qualified me as appearing more moderate than my fellow members of the Corporate Counsel International Arbitration Group…
…are in conflict with some of these BITs’ provisions […] Community law will automatically prevail over the non-conforming BIT provisions”; “intra-EU BITs should be terminated in so far as the…
…field is international arbitration. From the earliest days of modern international arbitration, firms conducted their own cases from instruction to final hearing, with the lead solicitors often shouldering the advocacy…
…term in the arbitration agreement. The present arbitration is taking place pursuant to a provision in an international treaty, not pursuant to an arbitration agreement between disputing parties.” (At the…
…appear to provide compelling evidence to refute assertions recently that investment treaty arbitration as currently constituted is not a fair, independent, and balanced method for the resolution of investment disputes….
…frequently sought and accepted, and are commonly to be found in institutional rules, including the ICC Rules (Article 9.5) and LCIA Rules (Article 6.1) and the HKIAC Administered Arbitration Rules…
…cannot use the threat of arbitration, and the binding legal commitments found in international investment treaties, as a useful weapon when they are confronted with abusive treatment in a host…
…at *5. It noted that Caratube proposed, and Kazakhstan and the Tribunal agreed, that the arbitration’s discovery process should be guided by the International Bar Association Rules on the Taking…
…Arbitration Rules, has seen its caseload increase substantially in recent years and, earlier this year, recruited a new Secretary-General. Thus, a recent case in Hong Kong on Crown immunity has…
