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Search Results for: efficient arbitration

Costs

A Few Words On The Tension Between Efficiency And Justice

José I. Astigarraga (Astigarraga Davis)/June 15, 2011 /Leave a comment

…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 –…

Anti-arbitration, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration

Anti-Arbitration: The Train Has Left the Station

Michael McIlwrath (MDisputes)/June 14, 2011 /3 Comments

…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,…

Appointment of arbitrators

ICSID and the WTO: Comparing Institutionalization and Leadership Concentration

Roger Alford (General Editor) (Notre Dame Law School)/June 8, 2011 /1 Comment

…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,…

Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration clause

Costa Rica Has A New Arbitration Law

Dietmar W. Prager (Debevoise & Plimpton LLP)/June 4, 2011 /5 Comments
American Society of International Law (ASIL)

…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…

Arbitration, Arbitration Proceedings, Arbitrators, Bias, Efficiency

A Few Words On The Tension Between Efficiency And Justice

José I. Astigarraga (Astigarraga Davis)/June 2, 2011 /Leave a comment

…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

Justin D'Agostino (Herbert Smith Freehills)/June 1, 2011 /Leave a comment
Herbert Smith Freehills

…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…

Actual expenditure, Arbitration, Damages, Damages experts, Expert evidence

On quantifying known unknowns

Anthony Charlton (FTI Forensic and Litigation Consulting)/May 26, 2011 /Leave a comment

…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…

International arbitration, Lawyers and Psychologists, Memory and illusions

The Invisible Gorillas in International Arbitration?

Susan D. Franck (Washington and Lee University School of Law)/May 26, 2011 /2 Comments
Institute for Transnational Arbitration (ITA)

…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?

Paul Cowan (White & Case LLP)/May 25, 2011 /2 Comments
White & Case

…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

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/May 25, 2011 /Leave a comment

…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…

BIT, Investment Arbitration, Pre-arbitration Dispute Settlement Procedures

Negotiation Clauses in BITs – Empty Words?

Claudia Ludwig (Herbert Smith Freehills LLP)/May 24, 2011 /Leave a comment
Herbert Smith Freehills

…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…

Asia-Pacific

Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims

Darius Chan (Norton Rose Fulbright)/May 23, 2011 /Leave a comment
YSIAC

…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…

Appeal, Arbitration, Principle of finality, Review on the merits

Is The Principle Of Finality “Losing Its Appeal”?

Alejandro I. Garcia (Herbert Smith Freehills LLP)/May 18, 2011 /1 Comment
Herbert Smith Freehills

…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…

Arbitration

Whereto now, the Italian Torpedo?

Kate Davies (Allen & Overy LLP)/May 16, 2011 /Leave a comment
YIAG

…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

Luke Eric Peterson (Investment Arbitration Reporter)/May 15, 2011 /Leave a comment

…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?

Michael McIlwrath (MDisputes)/May 11, 2011 /1 Comment

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…

Annulment, ICSID Convention, Investment Arbitration

Reconsidering ICSID Awards

Tai-Heng Cheng (New York Law School)/May 11, 2011 /Leave a comment
Institute for Transnational Arbitration (ITA)

…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…

Arbitration, International arbitration

A sixty month makeover: reinventing India as an “arbitration-friendly” jurisdiction

Promod Nair (J. Sagar Associates)/May 10, 2011 /2 Comments

…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…

Arbitration Institutions and Rules, Commercial Arbitration, Legal Practice

Reflections on Vis From the Winning Team

Roger Alford (General Editor) (Notre Dame Law School)/May 5, 2011 /1 Comment

…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…

Costs

Some Cost Consensus?

Nicolas Ulmer (Budin & Associés Avocats)/May 4, 2011 /2 Comments

…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…

Arbitration, Arbitration Institutions and Rules, Middle East

Egypts Unrest – Dubai’s Moment of Opportunity?

Lisa Bench Nieuwveld (Conway & Partners)/May 2, 2011 /4 Comments

…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…

Arbitration, Costs, Europe, Switzerland

Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/May 1, 2011 /1 Comment

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),…

Arbitration, Arbitrators

Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who Appointed Them!

Lisa Bench Nieuwveld (Conway & Partners)/April 20, 2011 /2 Comments

…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…

International arbitration, New York Convention, North America, United States

New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/April 18, 2011 /3 Comments
WilmerHale

…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,…

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    Notre Dame Law School
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