A Few Words On The Tension Between Efficiency And Justice
…Without detracting from the importance of making arbitration more efficient and less costly, I submit that we are at risk of going too far in the other direction. Over-correction –…
…Without detracting from the importance of making arbitration more efficient and less costly, I submit that we are at risk of going too far in the other direction. Over-correction –…
…Milan Chamber of Arbitration has issued a new arbitration rule, CAM Rule 8, providing for the publication of arbitration awards together with guidelines for doing so in an anonymous format,…
…of leadership. The empirical data of WTO and ICSID nominations from 1995 to 2009 bear this out: ICSID arbitration is much more concentrated than WTO dispute settlement. With ICSID arbitration,…
…new Arbitration Law are not based on the UNCITRAL Model Law. First, the new Law provides for the confidentiality of arbitration proceedings. In court proceedings relating to the arbitration, only…
…require quicker resolution and shorter final hearings. But good justice, like fine wine, takes time. Without detracting from the importance of making arbitration more efficient and less costly, I submit…
…provisions set out in Schedule 2 will apply automatically to all arbitration agreements which provide for ‘domestic arbitration’ and which are entered into before or within six years of the…
…question arises in commercial arbitration, for instance, where a joint venture agreement or distribution contract is breached and/ or abruptly terminated shortly after signature, depriving the injured party of future…
…arbitration. For practitioners, it can affect how we consult with clients, gather evidence to support a position, make arguments to a tribunal, or interpret results for our clients. For arbitrators,…
…interveners demonstrates the degree of importance that the arbitration community gives to this case. At issue in Jivraj v. Hashwani is whether a term in an arbitration agreement providing that…
…that appointment of the expert could have allowed the parties to settle the dispute before the arbitration. Consequently, the tribunal rejected the supplier’s argument that the arbitration was inadmissible. It…
…Slovakia argued that this was a condition precedent to arbitration which had not been met by Alps and that Slovakia’s consent to arbitration was therefore missing and the Tribunal lacked…
…considered non-arbitrable under Singapore law. In seeking to strike the delicate balance between its robust pro-arbitration stance and its insolvency regime, the Court’s underlying philosophy strives to give the private…
…that defendants would bet the company with no effective means of review […].” Elsewhere, on 15 March 2011, the Arbitration Rules of the Spanish Court of Arbitration introduced (on an…
…the arbitration agreement.) Unfortunately, the Court of Appeal disagreed and parties who had entered into what the English court regarded as a valid and binding arbitration agreement nonetheless found themselves…
…However, in a recently-concluded ICSID arbitration proceeding, a tribunal grappled at considerable length with the claimant’s $3Million (US) moral damages request. You can find a fuller accounting of the Joseph…
Conferences on arbitration frequently include a session on “drafting” dispute resolution clauses for international contracts. The term drafting is also included in the title of many articles, book chapters, and…
…that provide for ICSID arbitration, and finally on the decision of investors to bring an ICSID arbitration when it gets into a foreign investment dispute with a host state. In…
…Salvage Arbitration in India”. In enhancing its arbitration credentials, India will do well to learn from Singapore’s experience in establishing itself as a leading international arbitration centre in just over…
…their heart and soul into an arbitration problem involving the sale of squid and are rewarded with something as humbling as winning the Vis. It was at the opening ceremonies…
…not listed all who posted material on this timely theme. This spring Arbitration International published my article “The Cost Conundrum”, where I argued for reforms in the “arbitration industry”, but…
…the leading arbitral institute for the Middle East resides. The Cairo Regional Centre for International Arbitration (the Cairo Centre) has enjoyed being the leading international arbitration in the Middle East…
According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure),…
…of the perks of international arbitration – the ability to shop around for the arbitrator. True, but shopping around for the most qualified arbitrator would remain a perk even if…
…N.Y. App. Div. LEXIS 1709, bolsters New York’s reputation as a jurisdiction friendly to international arbitration. In this case, which involved two non-U.S. parties in an arbitration seated in Singapore,…