…English courts will interpret and implement Section 9(1) of the Arbitration Act 1996. Section 9 is how English law has complied with Article II(3) of the New York Convention, which…
…held that a stay of proceedings under the International Arbitration Act can only be granted if the proceedings instituted fall within the terms of the arbitration agreement. The arbitration agreement…
…its modern legal framework (since 1993 based on the UNCITRAL Model Law on International Commercial Arbitration) and for its arbitration friendly judiciary. According to statistics published every year by the…
…require the parties to, very few have an all-encompassing, mandatory confidentiality provision; Although, the LCIA does appear to have such a clause (see LCIA Arbitration Rules Clause 30). Also note…
…After all, modern Bilateral Investment Treaties contain investor-to-state arbitration clauses precisely so that investors can fight their own legal battles. However, in recent years, at least one European government has…
…at our sole option, refer the claim, dispute or difference to LCIA arbitration in London (…)”. The Claimant asserted that the terms of business and the arbitration option were not…
…to investment arbitration. In short, federal courts take a functional approach in defining an “international tribunal” in the commercial arbitration context, and a formalist approach in the investment arbitration context….
This post follows on from the highly informative Kluwer Arbitration Blog post by Elizabeth Kantor, “The ‘West Tankers’ Saga Continues: Can Damages Compensate for Breach of an Arbitration Clause?” Whilst…
…as regards the application of the Brussels Regulation to arbitration. He acknowledged that arbitrators are bound to apply EU law but clarified that arbitration is excluded from the scope of…
The concept of good faith has been a subject of perennial controversy since it was derived from the Roman legal equivalent ‘bonas fides’. Juristic views on and the legal conceptualization…
…insist on holding more arbitrations in Korea. The remaining chapters of the book cover all the areas one would expect: arbitration agreements, arbitral tribunals, arbitration procedures under the rules of…
…it is the only viable Asian rival to Hong Kong as an arbitration seat. Both have excellent infrastructure, strong independent courts, sensible arbitration legislation, and (generally) a pro-arbitration environment. Both…
…Orange List, and the Green List — were not intended to be comprehensive, there is at least one new type of “relationship” that merits independent consideration by the arbitration community;…
…the claimed debt, which were not honoured. SGS commenced ICSID arbitration under the bilateral investment treaty (“BIT”) between Switzerland and Paraguay. The BIT contains an umbrella clause under Article 11….
…that the funding agreement may play a larger role (with its corresponding confidentiality provision) in arbitration than in litigation. With arbitration the likely reason to require disclosure may be limited…
…the Treaty shall only apply to matters affecting such investments after the Effective Date. ‘Investment’ refers to any investment associated with an Economic Activity in the Energy Sector and to…
…some extent, the new CIETAC Rules mirror the provisions of the recently revised ICC Rules, which also contain detailed provisions on consolidation. Under both sets of rules, for example, consolidation…
As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of…
…is the historical expenditure incurred in developing a start-up business or new project a dependable guide to the market value of this enterprise? As I explain below, there are times…
…domestic arbitration and international arbitration – Singapore maintains an Arbitration Act for the former which permits a greater degree of curial supervision. Nonetheless the present proposals are also introduced to…
…of legal commitments. With the failure to pay the damage, the personal freedom of the player would be restricted to an extent which would jeopardize his economic existence, and this…
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion…
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am…
…Board (the “Board”) has opened a new chapter in the class arbitration saga by ruling that certain class waivers in employee arbitration agreements violate the National Labor Relations Act (“NLRA”)….
