…and Murphy Oil Corporation v. Government of Canada (‘Mobil v. Canada’) is highly anticipated after a U.S. website leaked the fact that Canada had lost this arbitration against the two…
…governments such as New Zealand, Britain, Norway, India and South Africa – is the EU which this Autumn is looking to publish a draft revision to its 2001 Tobacco Products…
…between international arbitration and litigation. Thus, if the claimant decides to refer a dispute to arbitration, the arbitral award should not be vulnerable to being challenged on the basis of…
…to “arbitrators” in the arbitration clause. Blumenthal subsequently applied to the English Commercial Court for an order under section 18 (3)(d) of the English Arbitration Act 1996 (“the Act”) that…
…compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of case law (see in particular…
…In the past, the European Commission had adopted the position that investment arbitration contravened EU law and that arbitration provisions in intra-EU investment treaties were superseded by the accession of…
…for Sport adopted the current version of the CAS Arbitration Rules for the Olympic Games on 14 October 2003 (the ‘AHD Rules’). The AHD Rules provide that the seat of…
…arbitration and commercial arbitration is becoming increasingly wider. As outlined in this decision, in commercial arbitration, when the temporal validity of the agreement to arbitrate expires, the arbitral tribunal loses…
…jurisdiction. The stay was granted on the ground that there was an arbitration which was intended to take place and the outcome of that arbitration would effectively determine the issues…
Reminder — The September 1 deadline is now drawing near for the Call for Papers, for the Institute of Transnational Arbitration (ITA)’s Winter Forum in Miami on January 24-25. Details…
…Stay of Enforcement of the Award, 7 October 2008, ¶ 39) The procedure is regulated by Article 52(5) of the Convention and Article 54 of the Arbitration Rules. Stay has…
…amount to be paid under this Policy through mediation as above [condition 11], such dispute shall then be referred to arbitration under ARIAS Arbitration Rules. … The seat of the…
…the international arbitration community is ready for the Project. State parties in investment arbitration have become more assertive. They are less tolerant of information asymmetries that systematically benefit law firms…
…Oil, Menatap; to my knowledge no legal rights to the recovery existed for this shareholder. The basis of the arbitral claims were founded in the bilateral investment treaty between Spain…
…to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in every case, without exception, or…
…that is abusive and detrimental to the conduct of arbitral proceedings. Would this generate only protests, or also respect for institutions and arbitrators who show they have an Olympic backbone?…
…into the arbitration legislation at the provincial and federal level, a sophisticated arbitration community well versed in both the common and civil law traditions, and, more than anything else, a…
…steer claimants to ICSID arbitration, unless it is unavailable. Indeed, when a Canadian company, Nova Scotia Power Incorporated (NSPI), opted for PCA arbitration in 2008, a unanimous tribunal declined jurisdiction…
…Commerce arbitration awards against the Democratic Republic of Congo (the ‘DRC’) and attempted to enforce those awards against Gécamines, a DRC state owned corporation and its Jersey-based assets (to the…
…one on the merits and one on costs, issued by a Sole Arbitrator in London under the DIFC-LCIA Arbitration Rules involving two Dubai-based companies, one free zone one limited liability,…
…a request for consultation or notice of an investor’s intention to initiate arbitration proceedings, it shall notify the member state concerned. Immediately after receipt of a notice of arbitration, the…
…treaty in December 2011. Under Article 4(b) of the arbitration treaty, the tribunal is to apply principles of “international law, equity and the principle of good neighbourly relations in order…
…looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international arbitration niche, investor-state arbitration. Unfortunately,…
…arbitration rules such as UNCITRAL (2010), ICC (2012), Swiss Rules on International Arbitration (2012), CIETAC (2012) specifically point out the milestone that such a truncated situation will only be considered…
