…for the Facilitation of Settlement in International Arbitration (CEDR Settlement Rules; see www.cedr.com). The Rules are designed to increase the prospects of parties in international arbitration proceedings of amicably settling…
My former Pepperdine colleague, Kathryn Lee Boyd, has just filed a fascinating complaint relating to the distribution of funds secured by a treaty between the United States and Libya on…
…may emerge from the Permanent Court of Arbitration in 2010. (The arbitration is the first of two treaty arbitrations filed by Chevron against Ecuador; the other was discussed earlier this…
…was framed as minimally invasive economic surgery. However, the surgery is having some serious complications – not least a massive arbitration claim filed by an off-shore shareholder in Telemedia. Relations…
…or his or her property in the forum, has attracted criticism. International arbitration specialists argue that this requirement restricts enforcement of valid arbitral awards in the U.S., in violation of…
…be bound as the principal by an arbitration agreement which it has not physically signed, but which the agent has executed on its behalf. This was argued and agreed by…
In the spirit of spreading some festive cheer, I wanted to share with you what has been going on behind the scenes with Kluwer Arbitration this year. What an exciting…
…inconsistent results of arbitration by a series of unrelated tribunals (often cited as flaws) supply the flexibility required to make u-turns from undesirable trends. For example, after the pro-investor triad…
…apply, the same dispute between the same parties must have been submitted to the local courts before resort to international arbitration and have drawn clear distinctions between contract and treaty…
…However, on 30 April 2009, X sought to withdraw the pending arbitration request. Y opposed this unilateral withdrawal and raised a counterclaim in the arbitration, requesting that the deposited rent…
…changes, including the greater use of exceptions clauses, and more circumscribed investor protection clauses. In procedural terms, it was noted that the investor-state arbitration process should be more transparent, subject…
…arbitration awards discussed the issue. In one such case, Desert Line Projects LLC v. Yemen the Arbitral tribunal awarded an amount of US$1 million in compensation to a corporation. This…
In two recent decisions, the Swiss Federal Supreme Court rejected petitions for annulment and revision of an arbitral award by the Court of Arbitration for Sport. The decisions highlight the…
One aspect of Chinese arbitration law that is of enduring interest to the international arbitration community is the question of whether Chinese law permits non-Chinese arbitration institutions, such as the…
…venue of the arbitration – in an arbitration clause that provides for arbitration to be conducted in accordance with the ICC Rules – provided sufficient evidence to satisfy the court…
…Y had accepted A’s request for arbitration. For that reason, the arbitration clause ceased to exist under Swedish law and B should have been held responsible before the state courts….
…preempt the federal mandate requiring international insurance disputes subject to an arbitration agreement to be submitted to arbitration. Of course, what the Fifth Circuit did was carve out arbitration of…
…to arbitration, parties have an expectation that they will be finally settled by a binding arbitration award, and that any costs measures, heavy-handed or otherwise, that make challenges less likely…
…are eligible for such assistance, and affect the choice of forum by parties to international arbitration. Specifically, in In re Arbitration in London, England between Norfolk Southern Corp. et al….
…acceptable to spend hours on an airplane to attend one of a dozen international arbitration conferences and present your ideas to an audience of fifty. Why not spend one hour…
…hitherto the settlement of international financial disputes has been the almost exclusive domain of diplomacy and, when needed, arbitration. How should the international arbitration community react to such an idea?…
…brunt of such a principle – one wonders if the disclosure of particularly-sensitive information about a foreign investment project would give rise to a BIT arbitration claim? A preliminary question…
…company. Pursuant to the contracts, the parties were to refer any disputes thereunder to arbitration. The Egyptian company initiated arbitration proceedings on October 5, 2001 to settle a dispute in…
…case also raises a host of issues on the nexus between enforcing judgments and pursing denial of justice claims in investment arbitration. Can Dole now bring a “denial of justice”…
