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 –…
Search Results for: efficient arbitration
Anti-arbitration, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration
Anti-Arbitration: The Train Has Left the Station
…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,…
ICSID and the WTO: Comparing Institutionalization and Leadership Concentration
…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,…
Costa Rica Has A New Arbitration Law
…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…
A Few Words On The Tension Between Efficiency And Justice
…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…
Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law
New Hong Kong Arbitration Ordinance comes into effect
…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…
On quantifying known unknowns
…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…
The Invisible Gorillas in International Arbitration?
…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,…
Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court
Jivraj v. Hashwani – Are Arbitrators Employees?
…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…
Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure, Set aside an arbitral award, Supreme Court, Switzerland
Multi-tier Dispute Resolution Clauses: Swiss Supreme Court Considers Impact Of (Omitted) Pre-arbitral Expert Appointment and Conciliation on Arbitral Tribunal’s Jurisdiction
…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…
Negotiation Clauses in BITs – Empty Words?
…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…
Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims
…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…
Is The Principle Of Finality “Losing Its Appeal”?
…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…
Whereto now, the Italian Torpedo?
…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…
BIT, Compensation for Moral Damages, International Law, Investment Arbitration, Investment protection
Moral Damages in Investment Arbitration
…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…
Anti-arbitration, Arbitration, Arbitration clause, Arbitration Institutions and Rules, ICC Arbitration, Joinder
Anti-Arbitration: Drafting?
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…
Reconsidering ICSID Awards
…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…
A sixty month makeover: reinventing India as an “arbitration-friendly” jurisdiction
…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…
Reflections on Vis From the Winning Team
…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…
Some Cost Consensus?
…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…
Egypts Unrest – Dubai’s Moment of Opportunity?
…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…
Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration
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),…
Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who Appointed Them!
…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…
New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration
…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,…