…that this obligation is complied with; this principle applies in all arbitration, including investment arbitration, and to all parties, including States (even in the exercise of their sovereign powers). Libananco…
…other professor was a former clerk at The Hague and writes about international investment arbitration. Their comment got us thinking: Is international investment arbitration undertheorized? The accusation that international investment…
…features in modern comercial arbitration, enumerated by Thomas Stipanowich recently in his paper “Arbitration: The New Litigation” (Univ. Illinois Law Review 2010) are all present and accounted for in the…
…proceedings overseas is found in s.37 Supreme Court Act 1981 and s.44 Arbitration Act 1996. Article II of the New York Convention obliges contracting states’ courts to uphold arbitration agreements…
…the litigation and also to compel arbitration to determine the process for selecting arbitrators. LSAT then moved to intervene, lift the stay and quash arbitration, arguing that the arbitration agreements…
…contention (in Dallah the existence of an arbitration agreement), not just a review of the award. It was suggested that Dallah highlighted a possible divergence between the apparent pro-arbitration and…
The United States and Mexico signed the General Claims Convention of September 8, 1923 and thereby constituted the U.S.-Mexico General Claims Commission.* The Commission was asked to resolve all claims…
…relevant institutional body for commercial arbitration in Abu Dhabi – the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), and its procedures and objectives. That arbitration body is now also…
…30 of the UNCITRAL Arbitration Rules. Therefore, irrespective of the applicable arbitration rules, the defendant who failed to refer to the pre-arbitration procedure in the course of the arbitration proceeding,…
In this blog I return to the theme of investor misconduct, albeit in a different context from my previous posts: host state criminal investigations during investment treaty arbitration proceedings. This…
In its first newsletter of the year 2010, the Swiss Chambers’ Court of Arbitration and Mediation was able to announce a high increase in arbitration cases submitted to the Court…
…arising disputes by commercial court procedure, but instead signed an arbitration agreement (clause) on submission of them to arbitration under the Law of the Russian Federation “On International Commercial Arbitration”….
…of those proceedings – and the denial of a request by Ecuador for an injunction against a bilateral investment treaty arbitration started some months ago by Chevron. As a reporter…
…arbitration and concludes in favour of institutional arbitration. Guideline #2 emphasises the availability of UNCITRAL rules if ad hoc arbitration is chosen and the importance of choosing an arbitral institution…
…in another Member State where the arbitration has its seat could nevertheless put the arbitration in motion by for example appointing an arbitrator. In such a scenario, the arbitration could…
En arbitraje, a pesar de la cada vez mayor armonización a nivel internacional, siguen existiendo muchos temas en los que cada jurisdicción aporta un enfoque distinto, normalmente sobre cuestiones que…
Unlike arbitration which is quite solidly supported by legislation (the law of the Russian Federation “On International Commercial Arbitration”, which is almost completely based on the UNCITRAL Model Law, was…
…status? To begin, the opinion is submitted to an international arbitration tribunal often comprising leading public international lawyers (and sometimes current or former judges of the International Court of Justice)….
…considerations of how an international arbitration can be conducted, as well as an entire chapter “After the Arbitration” about what parties should expect in the way of challenge, recognition, and…
…arbitration awards, which are heard as motions (as opposed to plenary actions) under the Federal Arbitration Act. Id. at 376, 378. Turning to the public interest factors, the court recognized…
…rendered.” The Court nonetheless denied Ecuador’s motion to stay the BIT arbitration and allowed the question of due process violations to go forward to arbitration: The petition contains … specific…
…four annotations to his response: (1) I do not (longer) propose to delete the arbitration exception of the Judgments Regulation (JR) entirely; (2) the proposal of the Heidelberg Report is…
…government? Perhaps WTO dispute settlement (which actually involves a different standard for the necessity defense), not investor-state arbitration, is the appropriate forum where subsidy-related issues could be addressed at the…
…practice. Thorough case study shows that certain distrust to international arbitration and unexpected obstacles to the enforcement of the awards caused by lack of experience in dealing with foreign-related matters,…
