The High Court of the Canton of Zurich had to examine in a recent case whether the allegedly false testimony of a witness in arbitration proceedings was punishable under the…
…arbitration seeking to challenge an arbitral award had the “alternative and not cumulative options” of applying to set aside the award, or, applying to set aside any leave granted to…
…in detail why it did not follow the expert opinion submitted by X but gave preference to the opinion submitted by Y. Also, in the arbitration, X submitted its comments…
…for International Commercial Arbitration in 2011. He has served as Counsel of Milan Chamber of Arbitration for 5 years. In early 2011 he also interned with Singapore International Arbitration Centre….
…into a joint venture agreement which contained an arbitration clause. The arbitration clause provided for specific and unusual appointment criteria: “All arbitrators shall be respected members of the Ismaili community…
…or deal with it in accordance with previously agreed dispute settlement procedures, or, after six months from the date on which the dispute arose, to submit it to international arbitration….
…with the reform of the Arbitration Act of 2003. The United States’ statute on arbitration, the Federal Arbitration Act (“FAA,” found at 9 U.S.C. Section 1 et seq.) was enacted…
…how arbitration counsel fail to present a case in a manner sensitive to the needs of the arbitration panel. “Inequality of Arms” is the term he used for the asymmetrical…
…efficient proceedings. b. Section III of the 2010 Statement of Principles for the Efficient Conduct of Proceedings published by the Corporate Counsel International Arbitration Group (CCIAG) c. The Preamble to…
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed…
…for the engineering and construction of a $210 million power plant in Araucária, Brazil. Three of the contracts contained identical arbitration and choice of law clauses. The arbitration clause provided…
Last week I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars–Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Julian Ku, Davis Robinson, Christoph Schreuer,…
…compel individual arbitration as provided by an arbitration clause contained in the cell phone contracts of the Concepcions and other AT&T customers. Those arbitration clauses required arbitration of all disputes…
…Agreement.” Thus, in an ongoing investor-State arbitration case involving one CAFTA-DR State Party, the other six State Parties may opine on issues of treaty interpretation that arise in the case….
…it was common ground between the parties that the Arbitration Act contained no such power. Instead, the parties’ disagreement centred around whether the Arbitration Act was the sole basis by…
…is part of the comparative study, for the benefit of our readers. Arbitration clause and arbitration agreement: Article 190 of the CCP Law strictly provides for the arbitration agreement to…
…If implemented, virtually none of the major international arbitration institutions will require that parties appoint arbitrators from a closed list (the Court of Arbitration for Sport is the only prominent…
…to refer to an arbitration clause as constituting an implied waiver of immunity from the arbitration proceedings themselves, although they are nevertheless commonly characterised in this way (including, for example,…
…have been chronicled in my Investment Arbitration Reporter newsletter, and you can find more background here. While members of the international arbitration community should be decrying this move to kick…
…Conflicts of Interest in International Arbitration addresses multiple appointments in two sections: 3.1.3 The arbitrator has within the past three years been appointed as arbitrator on two or more occasions…
The seventh round of TPP negotiations will take place in Vietnam the week of June 20 but caution on the part of U.S. negotiators makes it highly unlikely that after…
…be rare that an arbitration proceeds without any agreement which is capable of contractual analysis. Even the English Arbitration Act expressly defaults to the parties’ agreement in certain circumstances. For…
…The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each…
…arbitration proceedings under the Pakistani Arbitration Act following the commencement of the ICSID arbitration. However, the SGS v. Pakistan case had highlighted the need for national legislation in order to…
