…the arbitration”. In the context of UNCITRAL or institutional arbitration, it should be seen whether the applicable arbitration rules permit to treat such costs as costs of the arbitration. It…
…spite of an arbitration clause whenever that court decided that the arbitration clause, although binding under the law of the contract and the law of the seat of arbitration, was…
…contracts that deals with the issue quite effectively.” There is no end to the discussion of arbitration as the new litigation, with all the attendant costs and delays. But the…
…the finality of arbitration awards and non-enforcement of awards which violate public policy. Unsurprisingly, this issue has come up before in England, notably in three cases all dating from around…
…when accepting the appointment, at least by way of referral to the arbitration clause in the articles of arbitration consent to such arbitration clause. On the contrary, an arbitration clause…
…arbitration against X (“X”), a Czech citizen. In the second arbitration (dealt with in the decision 4A_258/2009), X (Respondent in the first arbitration) initiated an arbitration against Y (“Y”), a…
…in arbitration proceedings with seat in Switzerland to file parallel proceedings before state courts. As to the question of which rules apply to the admissibility of declaratory relief in international…
…Arbitration Act and the Supreme Court’s December 2001 decision confirming the constitutionality of the provision in the Arbitration Act regarding the specific performance of the arbitration clause, courts in Brazil…
…to apply an Article of the US-Argentina BIT upon which Argentina had pegged its defence of emergency or necessity. I’ll be offering fuller reporting and analysis on the Decision in…
…the competence-competence principle and the generally accepted moment of the constitution of the arbitral tribunal and the rules enshrined in the national arbitration statute, which are applicable both to domestic…
…arbitration request exclusively based on a treaty provision and not in implementation of a freely negotiated arbitration agreement directly concluded between the Parties…” (para. 18, Final Award). This despite the…
…legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia Law. The provisions of this subsection shall apply to all cases before the…
…a new model BIT, before the November 2010 elections at the earliest, even though many observers believe that the new model BIT ultimately will closely resemble the investment provisions of…
…the AAA Supplementary Rules on Class Arbitration, submitted to the arbitrators the question whether the clause authorized class arbitration. During the course of the arbitration, the parties stipulated that the…
…actual or intended arbitral proceedings. Various disputes arising in connection with a twenty year concession agreement led, despite the existence of an arbitration agreement, to several sets of proceedings in…
…region though. (Indeed, I blogged about this topic a year ago). Readers of my Investment Arbitration Reporter news service will be aware of the international arbitration claim mounted by a…
An interesting issue regarding the enforceability of foreign arbitral awards, in relation to the provisions of the New York Convention of 1958 and its alleged conflict with domestic Greek Civil…
…nation’s inexorable decline. A similar result Saturday … would quite possibly have a similarly devastating effect. But, hey! There’s still cricket. And, I might add, international arbitration. American lawyers can’t…
…the London Maritime Arbitrators Association (“LMAA”) Rules or the English Arbitration Act (1996) (the “Act”) would apply to the arbitration. Relying on the LMAA website’s “FAQs” about appealing an arbitral…
…legal entities of public law could not circumvent the rules determining the jurisdiction of the French administrative courts if the dispute touches upon rules of French administrative law that are…
…to conduct their arbitration in public. Under the Central American Free Trade Agreement’s investor-state arbitration mechanism, legal pleadings and oral hearings are open to public scrutiny. Thanks to the CAFTA’s…
…225 at ICSID, 91 under the UNCITRAL Rules, 19 under the SCC Rules, eight administered by the Permanent Court of Arbitration, and 5 with the ICC. There are four ad…
…International Chamber of Commerce (ICC) Rules of Arbitration, whereas the articles of incorporation of FAT Brasil provided for arbitration under the Rules of Arbitration of the Brazil-Canada Chamber of Commerce….
…arbitrators exceed their authority under the Federal Arbitration Act (FAA) if the arbitrators impose class-action arbitration on parties whose arbitration agreement undisputedly is silent on the question of class arbitration….
