Luke Peterson passed along a tip about this interesting declaration attached to the U.S.-Rwanda Bilateral Investment Treaty: Articles 3 through 10 and other provisions that qualify or create exceptions to…
The CIArb’s Survey into the Costs of International Arbitration has now been published. It’s a fascinating survey worthy of study and discussion. Here’s a brief summary of some of the…
…First, the Geneva Convention explicitly provides that “legal persons of public law” can validly conclude arbitration agreements (Article II). The term “legal persons of public law” has a wide scope…
…conduct inconsistent with those strictures and with his quasi-judicial role as an arbitrator. It amounts to a breach of his contractual duty to conduct a binding arbitration.’ Is the arbitrator’s…
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
…changes to the Rules: • Multi-parties and multi-contracts arbitration: The revised Rules include a number of new provisions that detail procedures for handling complex disputes, including provisions that facilitate joinder…
…applicable procedural rules. It found that the coach’s application to hear a new witness was made late under the applicable TAS Code, and therefore the arbitral tribunal was entitled to…
…Arbitration Blog, 16 July 2010 (https://wolterskluwerblogs.com/blog/2010/07/16/more-on-corporate-criticism-of-international-arbitration/) “A recent study of the Corporate Counsel International Arbitration Group (CCIAG) found that 100% of the corporate counsel participants believe that international arbitration “takes…
…time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As the name of the volume…
At the Herbert Smith Singapore Management University Asian Arbitration Lecture delivered by Michael Hwang SC on 4 August 2011, Hwang SC discussed incisively issues concerning the enforcement of arbitral awards…
…the Slovenian Minister of Justice, was able to launch Kluwer Mediation Blog with a thought-provoking post considering whether mediation is a new mode of governance. In his words: “Every good…
…Committee and the Young Arbitrators Initiative of the Institute for Transnational Arbitration (ITA) are proud to announce the creation of a new annual Winter Forum. Building on the Academic Council’s…
…raised one affirmative defense, but made no reference to the arbitration provision. On February 23, 2009, Citibank sent Stok a letter electing arbitration. Stok rejected Citibank’s election, so Citibank filed…
…New York Convention. The tribunal acknowledged that the Bangladeshi courts had not failed to recognise the arbitration agreement and in that sense had complied with its obligations under Article II…
…their legal position would be if they end up in a dispute. o There appears to have been a complete lack of consideration as to how a dispute would be…
…consequences of an absolute (as opposed to a restrictive) doctrine of sovereign immunity, particularly in light of the restrictive rules on waiver of immunity which now apply in Hong Kong,…
…Bhatia case, the SCI held that the provisions of Part I of the Indian Arbitration and Conciliation Act 1996 (the Act) would apply to international arbitrations held outside of India…
If you’ve been watching the headlines this month, you may have noticed that the United States of America has launched a novel arbitration against the Republic of Guatemala. The claim…
…‘legal education’ and learning the science (or art) of ‘lawyering’. The concept of compulsory continuing legal education (CLE) after qualification came about as a result of a number of elements…
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…
…in an arbitration interact. Generally, under the New York Convention, three general principles, which are by no means exhaustive, can be set out: a) The unsuccessful party in the arbitration…
…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…
…tribunal. In response to this need, the ACICA has updated its Arbitration Rules to include a set of Emergency Arbitrator provisions. The emergency rules, which establish a regime for emergency…
…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…
