…J. Paulsson, International Arbitration and the Generation of Legal Norms: Treaty Arbitration and International Law, ICCA Congress Series No. 13 (Kluwer, 2007), at 879. Before concluding, it is worth noting…
…And generally it is the substance, not the process, that legal disputes (including those to be settled through arbitration) concern. Therefore, if some legal markets are not demanding such a…
…law practice (often permitted under the IBA Rules of Evidence). Parties from different legal cultures will have different legal or ethical obligations for retaining documents, and different duties whether to…
…parties in disputes with foreign entities, the new statutes and arbitration rules may provide greater comfort that the arbitration award will be enforceable against a foreign entity on its home…
…ICSID proceedings, the ICSID Arbitration Rules provide a tribunal significant discretion in how proceedings are organized. While denouncing the majority’s decision as “replacing” (para. 219) the ICSID Arbitration Rules, the…
…on-going Pacific Rim v. El Salvador CAFTA arbitration, complete with a giant balloon of a sinister corporate-looking orange cat, an ensemble of guitarists, and panels declaring “the solidarity of the…
…on interim measures and a new codified obligation of confidentiality, the new Ordinance sets a high standard in modern arbitration legislation and has been enthusiastically welcomed by the arbitration community….
…enforcement of an ICSID award as it could against any other foreign decision or award. In a legal landscape with little case law and few statutory rules, this decision brings…
The recently published abstracts of LCIA Court decisions on arbitrator challenges between 1996 and 2010 (Arbitration International, vol. 27, no. 3, 2011) make surprisingly interesting reading. They are an important…
…until his dying days, finishing his last great book, Custom as a Source of Law, just last year. Among his passions was international arbitration, especially the history of international adjudication….
…behind the new plan for improving the investment climate in Russia is that easing access to strategic industries for foreign investors will do the trick. However, no proposals have been…
…laws of other jurisdictions to govern the arbitration agreement. Similarly, foreign seats of arbitration appear to be an important factor. The choice of specific institutional rules for the conduct of…
…parties to include your ‘standard’ arbitration clause into their contracts or submit their disputes to arbitration under your rules. You might then have to wait years before a party actually…
…manufacturer filed a request for arbitration before the Court of Arbitration for Sport (CAS) in January 2009, requesting amongst other claims payment for the sale of the boxing equipment. The…
A key part of an expert witness’s role involves explaining, in as clear terms as possible, complex accounting, economic and valuation concepts, to arbitration lawyers who may be less familiar…
…the arbitrator’s duty to update and disclose conflicts of interests. I. The Inapplicability of the ICC Time Rules for Arbitrator’s Challenge Article 11 of the ICC (1998) Rules provides that…
…a loan agreement entered into on 24 January 1990 (the “Loan Agreement”). The Loan Agreement included an arbitration clause providing for arbitration under the Arbitration Rules of the Arbitration Institute…
…parties, the LCIA is particularly well-suited to this treatment. While the LCIA Rules do not actually require a written reasoned decision for challenges, and provide only limited instruction on challenge…
…assist females in networking and growing their careers, including in the arbitration industry. Those key, famous female arbitration practitioners are some of the best mentors to many. I only wonder,…
…new ICC Rules oblige the parties, and not just the tribunal, to conduct proceedings in an expeditious and cost effective manner. But words alone will not do the trick, when…
…now the revised 2012 Rules. From the ICDR, we’ve seen the 2009 Rules amendment and before that the 2008 Guidelines for Arbitrators Concerning Exchanges of Information — which was a…
…an arbitration clause: “Any dispute arising under this Agreement shall be settled by arbitration in London . . . in accordance with the English Arbitration Act 1996 . . .,…
…for international commercial arbitration has been inverse, with Japan (until recently, Korea and Taiwan) continuing to neglect arbitration-specific deficiencies in its otherwise highly developed judicial and legal infrastructure, while China…
…Association Conference on International Arbitration. This panel provided a view from the client on choosing international arbitration versus going to the local courts. In other words, the idea was to…
