…awards, contrary to their obligations under the New York Convention – a recognised issue where arbitration seated outside India involves an Indian party and the parties have not excluded Part…
…State of North Carolina by means of arbitration. In bringing its motion, the respondents relied upon Rule 21.01(3)(a) of the Ontario Rules of Civil Procedure in which a defendant may…
…resolution of the underlying substantive (arbitration or court) proceedings, has been described as one of the “nuclear weapons” of commercial litigation and arbitration, such is their effect on litigation. In…
…matter leads to the imposition of an English seat under the LCIA Rules, (Article 16.1 LCIA Rules) or, perhaps less commonly, under the ICC Rules. (Article 18 ICC Rules (in…
…the new arbitration-friendly attitude of the Russian courts, thus placing Russia ‘into line with a select number of jurisdictions’ (e.g. France and the Netherlands). Some compared the ruling in Ciments…
…in arbitration. Last, but not least, there will be a presentation by representatives of ICC Palestine and Israel on the newly created Jerusalem Arbitration Center. And what else? Participants at…
…arbitration proceedings; iv. assistance of the Dutch state court in foreign arbitration proceedings; v. provisional measures in pending arbitration proceedings; and vi. a more detailed procedure for arbitral appeal. The…
…Luke Eric Peterson is the Editor of Investment Arbitration Reporter, a news service that tracks and reports on legal and policy developments in the field of foreign investment arbitration. (https://www.iareporter.com)…
International arbitration has long played an important role in resolving disputes that arise out of political and economic crises. “Arbitration in Times of Crisis” is the theme of the 9th…
…sounds like domestic litigation or arbitration instead. In fact, I have been a program panelist for international arbitration and the other panelists expressed confusion to me when I stated that…
The views of lawyers involved in international commercial and investment arbitration are being sought for a new international arbitration survey from Queen Mary, University of London (QMUL). Conducted by QMUL’s…
Yesterday’s post set the stage by describing the main provisions of a new voluntary Code of Conduct for “funding of resolution of disputes within England and Wales,” released in November…
The use of third-party funding for international arbitration has been growing for several years, and its potential benefits and risks have received increasing attention from the arbitration community. The November…
…arbitration. j) Also with regard to international arbitration, the new arbitration law provides for the material validity of an arbitration agreement that meets the requirements set out (i) by the…
…Appeal agreed that a declaratory arbitral award could be enforced as a judgment of the English Court under section 66 of the Arbitration Act 1996 (the “Arbitration Act”). The intended…
…the provisions of article 157 are redundant? My answer is no. This is because provisions of article 157 are still applicable in interpreting legislation which is not explicitly stated to…
…Koehler v. Bank of Bermuda Ltd., the New York Court of Appeals held that it could order assets outside New York to be delivered into New York, provided New York…
…arbitration proceedings. As the Supreme Court may be trying to take a round turn in the changing legal landscape, old habits are hard to die. There is strong unease amongst…
…York-seated New York Convention awards. The Scandinavian Re judgment comes at a time when many eyes in the arbitration world are focussed on New York: the International Court of Arbitration…
…its new Organizational Rules article 11(2). Following the appointment of Bogdan Olteanu as the new president of CCIR’s Court of Arbitration, CCIR modified its organizational rules in mid-January 2012 so…
…that by third party funding I am referring to a fund or investor source which then covers the costs and legal fees for a claim before a court or tribunal,…
The HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the “Rules”). Users of the Rules have…
…as will the legal and factual issues and the people involved. Even when there’s an agreed formal process, arbitration, you have to be ready to consider negotiation or mediation as…
…by arbitration if an arbitration clause is included in the commitment agreement. In each of the above scenarios, there are several key advantages for parties in using arbitration as highlighted…
