The Arbitrability of Libyan Terrorist Claims
…Washington, D.C. heard oral arguments on a motion to compel arbitration of this dispute pursuant to an arbitration clause in the Joint Prosecution Agreement. Press reports of the developments are…
Search Results for: efficient arbitration
Respondents Play with Advance on Costs as a Strategy: Do Claimants as Well?
…of the AAA Commercial Arbitration Rules. As I understand it, they were to the point of the final oral hearing, and, thus, presumably the parties had expended a chunk of…
Arbitration Agreements, Arbitration Awards, Commercial Arbitration, Domestic Courts, Enforcement, Europe, European Law, Jurisdiction, Lis Pendens, National Arbitration Laws, New York Convention, Seat of the arbitration
« Circulez, il n’y a rien à voir ! ». A Response to Professor Hess
…arbitration agreement is undisputed, parties may immediately initiate arbitration proceedings without any recourse to State courts” [emphasis added]. Considering that the parties may start their arbitration if they agree that…
Confidentiality in Investment Treaty Arbitration
…ICSID Convention and Rule 39(1), ICSID Arbitration Rules) or the power to make orders required for the conduct of the proceedings (Rule 19, ICSID Arbitration Rules). The Order notes that…
BITs, Freedom of Expression, and the Impertinence of Aliens
…the Pey case, alleged harassment for political reasons was at the center of the Tokios Tokeles v. Ukraine arbitration. Readers of this blog will know that the Tokios case is…
Pre-contractual liability- Another look needed: F-W Oil Interests, Inc. v. Republic of Trinidad and Tobago, ICSID Case No. ARB/01/14
It is not easy to get a grip on the vast amount of case-law being churned out by investment treaty arbitration panels. However, if law students wanted examples of the…
Federal Tribunal Rejects Pechstein Petition
…the German Speedskating Association appealed that decision to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. An arbitral panel at the CAS, in a decision dated 25 November…
U.S. Supreme Court to Revisit Who Determines Arbitrability
…the arbitration agreement. See e.g., ICC Arbitration Rules, Art. 6(2); ICDR Arbitration Rules, Art. 15(1); LCIA Arbitration Rules, Art. 23.1. The federal courts have generally respected the incorporation of institutional…
ICC Rules: What Do You Do When the Respondent Refuses to Pay its Portion of the Advance on Costs? An Alternative Approach
…arbitration. When the Respondent fails to pay its portion of the advance on costs, it has effectively breached the arbitration agreement. In contrast, under the Interim Measure Approach, the paying…
New Rules on Domestic Arbitration and Their Relation to the Rules Governing International Arbitration in Switzerland
…CCP will replace the Concordat on Arbitration (“Concordat”), currently governing domestic arbitration proceedings. The dichotomy between domestic arbitration and international arbitration will continue to exist, i.e., international arbitration proceedings will…
Ecuador Moves to Stay Arbitration Brought by Chevron
…stay of arbitration; rather, it speaks in terms of compelling arbitration if the parties have an arbitration agreement. The New York courts have themselves recognized this apparent lack of authority…
Arbitration Awards, Energy Charter Treaty, Jurisdiction, Limitation Clause, Vienna Convention on the Law of Treaties
Provisional Application of the Energy Charter Treaty: Article 45(1) “Limitation Clause”
On November 30, 2009, an arbitral tribunal issued three interim awards for Yukos Universal Limited, Hulley Limited Enterprises, and Veteran Petroleum Limited v. the Russian Federation under the Energy Charter…
Courts in France and Belgium confirm limited review of awards under European competition law
…contract provided for ICC arbitration in Brussels. Cytec started an arbitration with the aim of challenging the contract’s termination and seeking damages, and SNF alleged before the arbitrators that the…
Israel’s Settlement of UN Claim Involving Gaza
International claims settlement involves a number of challenges that are relevant for the international arbitration community, including fact-finding and burden of proof, principles of State responsibility, treaty interpretation and damages…
Arbitration Agreements, Domestic Courts, Jurisdiction, Legislation, National Arbitration Laws, New York Convention
Possible reinforcement of the negative effect of the “competence-competence” principle in Swiss legislation
…seized on the merits and faced with a plea of lack of jurisdiction based on the existence of a valid arbitration agreement should review such arbitration agreement only on a…
Statistics on ICSID Cases
…from so many different sources–domestic law, contracts, bilateral treaties, and multilateral treaties–underscores the vibrancy of ICSID investment arbitration. The other fascinating chart is the geographic distribution of ICSID cases by…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, International Courts, Investment Arbitration, Jurisdiction, Public Policy
The Question of Admissibility of Claims in Investment Treaty Arbitration
…of leading treatises on international commercial arbitration (such as the new edition of Gary Born’s International Commercial Arbitration and Fouchard Gaillard Goldman on International Commercial Arbitration) do not refer to…
New Permanent Contributors at Kluwer Arbitration Blog
…Milan. He heads the international arbitration and litigation department of the firm. As of September 2009, he has acted in more than 120 ad hoc or institutional commercial arbitration proceedings…
Misconduct & jurisdiction: Some cases from the history stacks
…to repayment by the Mexican state for his loans to the revolutionary cause. When no payment was forthcoming, the dispute fell to arbitration before the Commission. Perhaps not surprisingly, the…
Perenco v. Ecuador: Was there a valid arbitrator challenge under the ICSID Convention?
…Court of Arbitration at The Hague (“PCA”) has upheld a challenge against a leading arbitrator, Judge Charles N. Brower, on the basis that from the point of view of “a…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Enforcement, Europe, European Law, National Arbitration Laws
Existence and Validity of an Arbitration Agreement: The French Supreme Court Confirms that the Validity of an Arbitration Agreement Depends Primarily on the Common Intent of the Parties
…did not contain any arbitration clause. However the parties also entered into a hold harmless letter, which made reference to an arbitration clause contained in a bill of lading. ASB…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Investment Arbitration, Jurisdiction, Public Policy
Investor misconduct and investment treaty arbitration: mapping the terrain
The treatment of investor misconduct in investment treaty arbitration raises a series of complex issues. Allegations of investor misconduct (such as fraud, illegality and corruption) can arise in the context…
Swiss Federal Supreme Court sets aside CAS award for lack of a valid arbitration agreement
…arbitration clause contained in bylaws or articles of association or incorporation of a sports federation sufficed to create a valid arbitration agreement (see decisions BGE 133 III 235 consid. 4.3.2.3…
Creeping Codification of the New Lex Mercatoria: The TransLex Principles at www.trans-lex.org
…UNIDROIT Principles of International Commercial Contracts are a reliable source of international commercial law in international arbitration for they contain in essence a restatement of those “principes directeurs” that have…