…repeals the Arbitration Act, Chap. 5:01 (the “Former Arbitration Act”) dating back to 1939, that was based on the 1889 and 1934 British arbitration laws, reflecting the landscape existent at…
…regarding arbitration, then it a fortiori does not lead to a failure to pay arbitration fees to forfeit the arbitration agreement or the expiry of its purpose. This is until…
In May 2023, Nigeria’s Arbitration and Mediation Act (AMA) was enacted. It replaced the Arbitration and Conciliation Act 1988 with a modernised version that aligns with the 2006 UNCITRAL Model…
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…
…selecting arbitration as the dispute resolution mechanism for such contracts. Carbon disputes often deal with commercially sensitive information or matters concerning national security. The ability for arbitration to maintain confidentiality…
…by arbitration agreed upon before the termination, if arbitration had as its object and effect the application of a foreign law. Such case law, which was met with some resistance…
…and participated in its representation in this arbitration. Alberto Madero was Head of Arbitration and Estefanía Contreras a lawyer in the Arbitration Group. The views expressed herein are those of…
…national committees of the ICC have indeed started doing so (4.). 1. Soft Law Tools Promote Efficiency in Arbitration The arbitration sector has always been proud to be innovative,…
…arbitration agreement between the parties, and (3) the invalidity of an executed arbitration agreement. There are eight cases concerning the absence of an arbitration agreement due to parties’ incapacities or…
…institutions were disclosed, the arbitration institutions with the five largest numbers of awards were: the Singapore International Arbitration Centre (SIAC), International Cotton Association (ICA), International Chamber of Commerce (ICC), Korean…
…which is only allowed under very narrow circumstances. Petroecuardor argued that: (i) the dispute was not covered by the arbitration agreement because the Arbitral Tribunal (a) imposed joint arbitration by…
…Centre, the BVI International Arbitration Centre, and Barbados’ Arbitration and Mediation Court of the Caribbean This is consistent with the arbitral communities’ focus on promoting arbitration in the Caribbean, including…
The first arbitral institution providing institutional arbitration in Iran, the Arbitration Center of the Iran Chamber of Commerce (“ACIC”), released the latest edition of its arbitration rules on 19 February…
…communications. For the arbitration community, decisions like this one may have implications for the satisfaction of writing requirements for arbitration agreements. The formal validity of an arbitration agreement is a…
…shared some reflections on the relevance of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to defining arbitration agreements. She discussed the possible extension of arbitration agreements to…
…Claimants’ position. The Claimants sustained that when they initiated the arbitration in July 2017, they had already become fixed beneficiaries of the trust and therefore the objection would be a…
One of the reasons that parties opt in for arbitration instead of litigation as a mechanism to settle their disputes is that the recognition and enforcement of an arbitral award…
…cases, this is not necessary. Among the many advantages of arbitration is the general likelihood that losing parties in most cases will voluntarily comply with arbitration awards. That being said,…
…IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode, Dr Esmé Shirlow, Associate Editor…
…usually overshadows civil arbitration because parties seldom use civil arbitration. In the following paragraphs, we delve into selected provisions of the National Code. Referral to Arbitration Enforcement of arbitration…
…an overview. Conditions Precedent The respondent filed for the annulment of an award rendered in an arbitration governed by the Dubai International Arbitration Centre (“DIAC”) Rules raising three grounds, all…
…other Contracting Parties to minimize future investment disputes by Turkish investors. Investor-State Arbitration As ICSID is the “go to” institution for investor-State arbitration, ICSID is a fixture in Türkiye’s…
…underlying arbitration (as covered in this blog post). The Commercial Court cited the High Court’s judgment (see [114]-[116]), finding it “persuasive” and considering it to provide “separate free-standing support” for…
…can also be evidenced by the express incorporation of TPF in numerous institutional arbitration rules such as the 2021 ICC Arbitration Rules, 2017 SIAC Investment Arbitration Rules, 2018 HKIAC Administered…
