…Provisional Amount Approach. This approach is designed to operate under the ICC Arbitration Rules, specifically the ICC Arbitration Rules Article 30(1) which states, “After receipt of the Request, the Secretary…
…CCP will replace the Concordat on Arbitration (“Concordat”), currently governing domestic arbitration proceedings. The dichotomy between domestic arbitration and international arbitration will continue to exist, i.e., international arbitration proceedings will…
…stay of arbitration; rather, it speaks in terms of compelling arbitration if the parties have an arbitration agreement. The New York courts have themselves recognized this apparent lack of authority…
…45 as the “Limitation Clause”: (1) Each signatory agrees to apply this Treaty provisionally pending its entry into force for such signatory in accordance with Article 44, to the extent…
…contract provided for ICC arbitration in Brussels. Cytec started an arbitration with the aim of challenging the contract’s termination and seeking damages, and SNF alleged before the arbitrators that the…
…body or court of law: it does not make legal findings or consider questions of legal liability.” Nevertheless, the Board of Inquiry’s conclusions all had a legal basis, namely, the…
…seized on the merits and faced with a plea of lack of jurisdiction based on the existence of a valid arbitration agreement should review such arbitration agreement only on a…
…from so many different sources–domestic law, contracts, bilateral treaties, and multilateral treaties–underscores the vibrancy of ICSID investment arbitration. The other fascinating chart is the geographic distribution of ICSID cases by…
…of leading treatises on international commercial arbitration (such as the new edition of Gary Born’s International Commercial Arbitration and Fouchard Gaillard Goldman on International Commercial Arbitration) do not refer to…
We are pleased to announce that Kluwer Arbitration Blog will add two new permanent contributors to the blog: Alexis Mourre of the law firm of Castaldi Mourre & Partners in…
…to repayment by the Mexican state for his loans to the revolutionary cause. When no payment was forthcoming, the dispute fell to arbitration before the Commission. Perhaps not surprisingly, the…
…Court of Arbitration at The Hague (“PCA”) has upheld a challenge against a leading arbitrator, Judge Charles N. Brower, on the basis that from the point of view of “a…
…the common intent of the parties, i.e., to apply the French substantive rules of international arbitration to the arbitration agreement. The French Supreme Court has adopted this position on a…
…of the Claimant’s conduct is a jurisdictional issue, and the legality of the Respondent’s conduct a merits issue, then the Respondent Host State is placed in a powerful position. In…
…arbitration clause contained in bylaws or articles of association or incorporation of a sports federation sufficed to create a valid arbitration agreement (see decisions BGE 133 III 235 consid. 4.3.2.3…
…regarded as the ideal forum for the codification of the NLM. By putting the principles and rules of the NLM in the form of black-letter rules with a synopsis of…
…are intended to supplement the legal provisions and the institutional or ad hoc rules according to which the parties have agreed to conduct their arbitration. They can be incorporated on…
My former Pepperdine colleague, Kathryn Lee Boyd, has just filed a fascinating complaint relating to the distribution of funds secured by a treaty between the United States and Libya on…
…landmark international claim. Under ICSID rules, South Africa must give its assent to any withdrawal of the claim. Unless the parties can agree how to apportion the government’s legal costs,…
…clear that the new administration would not abide by the terms of the deal, Telemedia sought damages in contract arbitration under the LCIA rules. The government declined to defend itself…
…of the New York Convention.[8] This is possibly so because a majority of jurisdictions apply some sort of limitation period to proceedings under the New York Convention.[9] But, even if…
…and Bridas SAPIC v Turkmenistan (June 1999) ICC arbitrations concern variants of this scenario. The legal mechanisms for compelling a non-signatory to join arbitral proceedings are numerous and include agency,…
In the spirit of spreading some festive cheer, I wanted to share with you what has been going on behind the scenes with Kluwer Arbitration this year. What an exciting…
…and a reorientation towards the preservation of regulatory space for host states. Generally, this phenomenon takes two forms: preparation of new model treaties (the prospective approach) and the denunciation of…
