…concerns. Part One: Adequacy of Existing Rules for Investor-State Arbitration Gary Born and Ethan Shenkman provide a comparative analysis of confidentiality and transparency issues in commercial and investment arbitration, and…
…case, the arbitration clause provided for the use of the UNICTRAL Arbitration Rules, Article 40 of which in turn provides that “the costs of arbitration shall in principle be borne…
Kluwer Arbitration Blog is pleased to introduce Alexis Mourre as a guest blogger for the next month. Alexis specialises in international arbitration and international litigation with the law firm of…
…was the interpretation of a pathological arbitration clause. B___ Ltd. (“Claimant-Company”) had initiated arbitration proceedings in Lugano under the ICC rules against A.___ (“Respondent”) on basis of an “Employment Contract…
…avoid being subjected to the consequences of having entered into the contract (including the requirement to arbitrate such claims), [the franchisees] should not be bound by the arbitration provisions of…
…might constitute foreign investments covered by such treaties. If would-be claimants opted for arbitration under the UNCITRAL rules, they would simply need to make a case that their activities are…
…extraordinarily complex, focusing on whether a terrorist victim judgment creditor can attach a confirmed arbitration award rendered in Iran’s favor. Although it involves exotic issues relating to international terrorism, military…
…challenged the arbitrators’ fees from a Stockholm Chamber of Commerce (“SCC”) arbitration pursuant to Articles 37 and 41 of the 1999 Swedish arbitration law. In a separate action, Soyak also…
In the early 1990’s, then World Bank Senior Vice President and General Counsel, Ibrahim Shihata, and then ICSID Legal Advisor, Antonio Parra, observed that there “was hardly any case law”…
…this engenders some side-by-side comparison of investment arbitration and human rights adjudication. Newcomers to investment arbitration might inquire why claims before human rights tribunals require the exhaustion of domestic remedies,…
One hundred years ago international arbitration was viewed as the great hope for world peace. No international tribunals were yet in existence, but the Permanent Court of Arbitration was up…
…US$3,646,125 and €10,000 in damages and €30,000 in costs. HMD countered by commencing arbitration in London against CMA pursuant to the arbitration clauses in the four shipping contracts. HMD claimed…
The Japan Commercial Arbitration Association (the “JCAA”) introduced their International Commercial Mediation Rules (the “Rules”) on 1 January 2009. The JCAA has followed the lead of other international arbitral institutions…
…or the use of specific fast track / expedited / accelerated arbitration rules. The latter at least continues to be met with some scepticism by practitioners. Rules for expedited arbitration,…
…in International Commercial Arbitration: the Good, the Bad and the Ugly,” 2003 Freshfields Lecture, 20 Arbitration International 223 (2004); Eduardo Silva Romero, “Brèves observations sur l’opinion dissidente,” Les arbitres internationaux…
George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
…disclosure guidelines and checklist for arbitrators proposed by the Disclosure Subcommittee of the Arbitration Committee of the ABA’s Dispute Resolution Section. Over the last two years the Subcommittee has released…
…impulse to cement into place legal protections for such activities. This is unusual when one considers the tangible social and economic benefits which arise out of such not-for-profit activity. These…
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS)….
…only positive for international arbitration? According to the latest statistics from the LCIA, 221 new cases were filed in 2008, an increase of some 60% on the previous year. We…
…award in order to protect parties against the unfair conduct of an arbitration. However, the case also demonstrates that the applicable test (i.e. a serious irregularity in the conduct of…
…awards or legal writings), or legal experts. However, to what extent may, or should the arbitrators ascertain for themselves the content of the governing law, possibly identify legal issues which…
…and do not involve complex legal questions or fact finding, with the latter more suited for arbitration; (ii) arbitration does not provide for the possibility of default judgments or summary…
One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to…
