…on the premise that the treatments of international commercial arbitration in different national legal systems are not diverse, unrelated phenomena, but rather form a common corpus of international arbitration law…
…if so, what implications this would have for international commercial arbitration. The Arbitration Fairness Act of 2009 would amend the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to…
…these proceedings. For Article V (1)(e) New York Convention to apply, the party who challenges an arbitral award is therefore well advised to request the court to order suspension of…
…under other procedural rules can go on under the radar. Lately, some recent investment treaties have introduced public disclosure obligations for parties involved in investor-state arbitration, but most treaties are…
…a scheduled hearing during the arbitration proceedings. The claimant also argued that the arbitral tribunal had ruled on the defendant’s tortious claims in violation of the arbitration clause and the…
…preclusion in international arbitration, including principles of res judicata and collateral (or issue) estoppel. It also examines the application of lis pendens and stare decisis principles in international arbitration. The…
…quality of arbitration generally and individual arbitrators in particular. But there was no objective data from which to judge these impressions. Investment arbitration changed all that. The decisions are public…
…Hague Conference envisioned a more modest instrument, similar to the 1958 New York Convention on the recognition and enforcement of international arbitration agreements and the resulting arbitral awards, and ultimately…
…legal systems impose various legal obligations on arbitrators. These include the duty to resolve the parties’ dispute in an adjudicatory manner, to conduct the arbitration in accordance with the parties’…
Kluwer Arbitration Blog is pleased to announce a book discussion of Gary Born’s new book International Commercial Arbitration, which undoubtedly is one of the most important international arbitration books published…
…commercial arbitration? Reflections on the Benteler v. Belgium Award” Arbitration International, Vol. 2, No. 2 (1986) at 90). The Belgian government objected to arbitral jurisdiction on the grounds of an…
…assets of the bank in an amount equal to the guarantee. Eventually, Y. GmbH introduced arbitration proceedings against X A.S. under the arbitration clause of the construction contract. Bank guarantees…
…the legal framework applicable to such agreements, the presumptive separability or autonomy of international arbitration agreements, the law governing international arbitration agreements, the substantive and formal rules of validity relating…
…arbitration from its scope, the Court found that the Regulation applies to anti-suit injunctions granted to give effect to arbitration agreements. The Court first examined whether the proceedings sought to…
…the Most Surprising Award of 2008 in a survey of participants in the international arbitration on line discussion forum OGEMID. The 120-day period to apply for annulment of the Award…
…UNCITRAL, ECT, SCC, ICC, etc.) Things get dicey, however, when you try to report on complex legal issues and arcane arbitration processes for a lay audience. Take some of the…
…of arbitration lawyers. Ten years ago it would have been self evident and obvious to most if not all international arbitration lawyers that delaying an arbitration and increasing its cost…
…future of international arbitration under the Federal Arbitration Act if the proposed legislation becomes law. In his article, Caron argues that the language in the proposed legislation arguably would overturn…
This month, the British Institute of International and Comparative Law (BIICL) is hosting a roundtable discussion on the global financial crisis and international investment arbitration. By many accounts, the present…
…provided a forum for the international arbitration community to come together and share ideas-in print, at our meetings, or on line-and we consider this new Kluwer blog initiative another great…
…the same arbitration, but addressed to a different party. The Delaware court held that discovery was available in aid of the arbitration. See Comisión Ejecutiva, Hidroeléctrica del Río Lempa v….
…functions. Hence, one would expect him/her to treat the parties of an arbitration equally even if he/she represented the counterparty of one of the parties in another lawsuit. However, the…
…often enjoy much more favourable legal and financial benefits than their domestic counterparts, it seems that everyone is scrambling to be classified as a foreigner these days. One particular catalyst…
The Kluwer Arbitration Blog is a project that has been in the works for months, and we are excited about what the future holds for this new venture. As the…
