Diplomatic Friction
At first glance, the Alien Torts Statute (ATS) doesn’t have a lot to do with arbitration – which may explain why Roger Alford wrote about it over on Opinio Juris,…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Hybrid ICC/SIAC arbitration clause upheld in Singapore
…Arbitration Rules. The decision is to some extent explained by Insigma’s conduct in the matter. When Alstom initially commenced an ICC arbitration, Insigma objected to the ICC’s jurisdiction, arguing that…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Other Issues
Costs in International Arbitration: A Plea for a Debate on Early Guidance by the Arbitral Tribunal on the Principles it Will Apply when Deciding on Costs
…international arbitration rules, such as the ICC Rules of Arbitration, leave the decision on costs entirely to the discretion of the arbitral tribunal.** And because the approach to the recovery…
Arbitration Agreements, Commercial Arbitration, Domestic Courts, European Law, Jurisdiction, Lis Pendens
English Court Retains Jurisdiction Notwithstanding French Arbitration Clause
…very narrow sense. The Court of Appeal noted that, notwithstanding the inapplicability of the arbitration exclusion, a party may still apply under section 9 of the Arbitration Act 1996 for…
Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, International Courts, International Legal Theory and Teaching, Investment Arbitration, Legal Practice, Public Policy
Investment Treaties in Times of Crisis: Balancing National Interests and the Rule of Law
…takes to survive. However, the pursuit of survival imposes profound costs on the legal process by undermining the general transition from a power-based to a rules-based system of international relations,…
Arbitration in Douglas Johnston’s The Historical Foundations of World Order
…so-called “great historical forces.” Johnston highlights the efforts of legal internationalists and the European and American peace movements in advocating for the process of international arbitration in the late 19th…
Land deals could sow arbitration disputes
In recent months, there have been a steady barrage of media reports about so-called “land grabs”. Many believe that we are seeing a new “Scramble for Africa”, as food-scarce countries…
Africa, Arbitration Agreements, Arbitration Awards, Arbitrators, Europe, International Legal Theory and Teaching, Legal Practice
The Arbitrator as Diplomat
…In his instructions he wrote: There can be no doubt that the principal objection to arbitration rests, not upon the unwillingness of nations to submit their controversies to impartial arbitration,…
The Effects of Insolvency on International Arbitration
…arbitration conducted under the ICC Rules with its seat in Geneva. One of the co-respondents in the arbitration, a Polish company, informed the tribunal that insolvency proceedings had been opened…
Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, International Legal Theory and Teaching, UN and Int’l Organizations
Arbitral Jurisprudence in International Commercial Arbitration: The Case For A Systematic Publication Of Arbitral Awards In 10 Questions…
…in our opinion not a decisive one. Many arbitration rules provide that arbitration awards should not be published without the consent of the parties. (see Uncitral Rules at Article 32…
Latest time for raising of a counterclaim
…counterclaim submitted with the rejoinder based on Article 20 Swiss Rules. The Swiss Rules do not contain a provision as we find in Article 19 (3) of the UNCITRAL Rules.Respondent…
HKIAC’s New Administered Arbitration Rules
On 1 September 2008, the Hong Kong International Arbitration Centre (the “HKIAC”) adopted a new set of arbitration rules, entitled the Hong Kong International Arbitration Centre Administered Arbitration Rules (the…
New CIETAC Online Arbitration Rules
On 1 May 2009, the new “Online” Arbitration Rules (the “Online Rules”) of the China International Economic and Trade Arbitration Commission (“CIETAC”) came into effect. At this stage, it appears…
The End of Boilerplate Investment Treaties (BITs)
…a bevy of international arbitration claims. Last week, speaking in his private capacity, he told a conference of the British Institute for International and Comparative Law (BIICL) that developing countries…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Disclosure, Europe, North America
Conflicts of Interest: Towards Greater Transparency and Uniform Standards of Disclosure?
…the rules, however, adopt a purely subjective requirement, leaving the arbitrator to decide the circumstances to be disclosed, while others, like the ICDR Rules, provide for an objective test, with…
The boundaries of MFN treatment: The Renta tribunal adds its melody to the cacophony
…and that there is “no textual basis or legal rule to say that “treatment” does not encompass the host state’s acceptance of international arbitration.” (para. 101) The tribunal then turned…
Kluwer Arbitration Blog Welcomes Andrew Newcombe
We at Kluwer Arbitration blog are most pleased to welcome Andrew Newcombe as our newest contributor. Andrew teaches commercial, international economic and arbitration law at the Faculty of Law, University…
No extension of arbitration agreement to non-signatory parent company based on letter of guarantee
…including the arbitration clause being part thereof. In addition thereto, there are other legal grounds which may justify an extension of the arbitration agreement, in particular, (1) a subsequent ratification,…
Germany Enacts Amendment to Its Foreign Trade and Payments Act
…often perceived to pursue economic as well as political aims. Despite this origin, the legislation does not only apply to SWFs. Instead, it allows the German government to effectively block…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Europe, Joinder, Jurisdiction, Public Policy, Res Judicata
“Extension” of the Arbitration Agreement, Joinders, Review of Awards Declining Jurisdiction and Public Policy: News from Paris and Lausanne
…are bound by the arbitration agreement? The second issue regards the applicable institutional arbitration rules (in case, the ICC Rules). How can the Swiss Federal tribunal’s decision to modify the…
A More Expansive Role For Amici Curiae In Investment Arbitration?
…with a substantial legal interest in the arbitration are rare. One such case arose recently in the context of a dispute under the Energy Charter Treaty (“ECT”), between a British…
An update on moral damages in investment treaty arbitration
In a post last month, I offered a few thoughts on the future of moral damages in investment treaty arbitration. One arbitration where I thought we might see an award…
Vattenfall v. Germany: Anomaly or New Trend?
ICSID arbitration proceedings against Germany (Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG v. Federal Republic of Germany – ICSID On April 17, 2009, the government-owned…
The Gold Standard of Transparency
By now almost everyone in the international arbitration world is aware of the gavel-to-gavel coverage of the oral pleadings in the so-called Abyei Arbitration before the Permanent Court of Arbitration….