Arbitouille: Arbitration Counsel as a Restaurant Chef
Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the…
Search Results for: efficient arbitration
ICCA Hong Kong 2024: Advocacy, Procedures, and Ethics in Focus
…economics of international arbitration and the correlation between access to justice and arbitration. Follow along and see all of Kluwer Arbitration Blog’s coverage of ICCA Hong Kong 2024 here….
Arbitrator's decision-making, Arbitrators, Bias, Culture, ICCA, ICCA Hong Kong 2024, New York Convention, sociology of international arbitration
ICCA Hong Kong 2024: Unpacking the ‘Human’ in Arbitration
…on “International Arbitration: A Human Endeavour”, with panels revolving around the issue of human experience in international arbitration. The Opening The Congress started with remarks by Congress and ICCA…
Are Arbitral Institutions Using Artificial Intelligence? The State of Play in Adopting AI
…May 2024 session, “International Arbitration: An AI Endeavor” at the ICCA Congress in Hong Kong, panel members sought to capture the state of play of AI’s use in practice, including…
Appointment of arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest
The Revised IBA Guidelines on Conflicts of Interest: A Call to Action for Parties and Counsel?
In February 2024, the Arbitration Committee of the International Bar Association (“IBA”) released a revised version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA…
Articles of State Responsibility, Artificial Intelligence, Delhi Arbitration Week, Enforcement, Immunity, India, Technology
Delhi Arbitration Weekend 2024: Spotlight on State Owned Entities and the Role of Technology in Arbitration
…and technology (discussed here and here respectively) in international arbitration. This post covers the discussions of the two panels, “The State of Arbitration – Navigating an Arbitration Involving State-Owned Entities”…
Delhi Arbitration Weekend 2024: India and the Evolving Nature of Investor State Dispute Settlement
…the Miami Arbitration Week 2023 that “the arbitration community is losing the fight to ensure the survival of ISDS”. He noted that ISDS, as a mechanism, had lost its battle…
Delhi Arbitration Weekend 2024: Setting the Stage for South Asia’s Aspiring Arbitration Jewel
…arbitration specific courts. Among others, the arbitration bar is expected to be a catalyst to India’s roadmap and make way for not just a dedicated forum for arbitration lawyers, but…
ICCA Hong Kong 2024: “International Arbitration: A Human Endeavour”
…and cultural fabric of arbitration, which has played a critical role in shaping arbitration methods, interpretations, and practices. Day Two: Advocacy, Procedures, and Ethics in Focus Our second day…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for South Asia. Experience and knowledge in international arbitration in,…
Making Third Party-Notices Work in Arbitration: The DIS’ New Supplementary Rules for Third-Party Notices
…seems to be the case for most other arbitration laws. At the same time, while most institutional arbitration rules allow joining a third party to the arbitration with all rights…
Past the Tipping Point? The Diminishing Value of Investment Treaties and Arbitration in the Green Transition Era
…ban on investor-state arbitration. These events mark the last chapters in the increasingly turbulent tale of investment treaties and investor-state arbitration. Over the past few years, that tale has progressed…
Arbitration Agreement, Australia, Hague-Visby Rules, London Maritime Arbitrators' Association, Maritime Arbitration, Referral to Arbitration, Stay of Proceedings
An Australian Maritime Dispute in London: Can the Hague-Visby Rules Render an Arbitration Agreement Null and Void?
…of an arbitration agreement to arbitration unless, under section 7(5), the court finds that the arbitration agreement is null and void, inoperative or incapable of being performed. Carmichael argued that…
KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 3 (March 2023)
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for East and Central Asia. Experience and knowledge in international…
Achmea, Brexit, Enforcement, English courts, European Commission, European Court of Justice, Micula, Sweden, UK Supreme Court
Last Gasps of Brexit: The CJEU Holds that the UK Breached EU Law in a Continuation of the Micula Saga
…doctrine, further underlining its restrictive view on investment arbitration in the EU. Yet, perhaps more interestingly, the Micula case raises a fundamental question: who ultimately decides on the enforcement of…
Environment, Environmental protection, European Convention on Human Rights, European Court of Human Rights, International Arbitration Procedures, International dispute resolution, International Investment Arbitration, International Investment Law, International Law, Switzerland
Climate Litigation and Investor-State Arbitration: Implications of the European Court of Human Rights’ Historic Ruling in KlimaSeniorinnen
…enacted “taking into account the need to revisit national energy policies in light of [the Paris Agreement]”. However, Italy did not rely on this policy rationale in the arbitration, choosing…
More Reasons to Trust Arbitration in the Bahamas: Examining the Key Takeaways From Gabriele Volpi v. Delanson Services Limited & 2 Others
…Arbitration Act applicable in the Bahamas (“Bahamas Arbitration Act” or the “Act”). In June and September 2020, Gabriele and Delanson (the “Applicants”) filed applications before the Court seeking to set…
Three Steps Forward, One Step Back? The Indian Supreme Court’s Annulment of an Award
…its decision in In Re – Interplay between arbitration agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (“NN Global“), where the Court re-emphasised the…
Admissibility, Competence-Competence, Fiji, Jurisdiction, Multi-tiered clauses, Pre-arbitral procedure, Repudiation
Housing Authority v Top Symphony: Non-compliance with a Multi-tiered Dispute Resolution Clause is Not Repudiation of an Arbitration Agreement
…accordance with the Arbitration Rules of the Singapore International Arbitration Center (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this…
Asymmetrical Arbitration Agreements Under PRC Law
…arbitration agreements, both parties to the contract are bound to resolve their disputes through arbitration. Such arbitration agreements are considered symmetrical, given that the obligations to refer to arbitration are…
Between the Rock and Hard Place: Will the U.S. Court Follow the EU or International Arbitration Tribunals?
…jurisdiction, inter alia, under the arbitration exception to the Foreign Sovereign Immunities Act (“FSIA”). Spain challenged jurisdiction, arguing that the arbitration exception does not apply because the agreements to arbitrate…
Are Witnesses Still Required to Take an Oath in UAE-Seated Arbitrations?
…Arbitration Law No. 6 of 2018 (“UAE Arbitration Law”). The UAE Arbitration Law does not include any provision akin to Article 211 of the CPL. As far as witnesses are…
Brazil, Brazilian Arbitration Act, Impartiality, Independence, Independence and Impartiality, Latin America
Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators
…the STJ to provide further clarity and cohesiveness in Brazilian arbitration case law, particularly in light of the on-going attempts to reform the legal framework of arbitration in Brazil, as…