…Similarly, institutional arbitration rules are often silent on this issue, with CIETAC Arbitration Rules and German DIS-Arbitration Rules being notable exceptions. Article 40 of the CIETAC Arbitration Rules provides that…
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create…
…today in the entrance-hall to the London Museum of International Arbitration. So imagine my surprise to have participated in the arbitration that finally (and officially) broke the elusive barrier. It…
…for pursuing an application for security under section 70(7) of the Arbitration Act 1996. Secondly, the decision is an indication of how the Supreme Court judgment in Dallah Real Estate…
During the last quarter of 2010 the German Arbitration Institution (‘DIS’) and the Chartered Institute of Arbitrators (‘CIAarb’) held a conference in Frankfurt to debate the relative merits of the…
According to a well-placed contact at a major arbitral institute, a significant proportion of new arbitration matters involve post-acquisition disputes; in particular, claims brought against vendors of businesses who are…
…ICSID Arbitration Rule 41(5). The tribunal ruled that the claims asserted in the arbitration were “manifestly without legal merit” within the meaning of Rule 41(5). Nine days after the Global…
…its first defeat in ICSID arbitration in the Alpha Projektholding GmbH case under which Ukraine has been ordered to pay USD 5,250,782. Previously Ukraine was quite successful in ICSID arbitration:…
…consistent with the modern approach advocated by the IBA Guidelines on Conflicts of Interest in International Arbitration and the provisions governing Swiss domestic arbitration enacted in the new Swiss Code…
…arbitration if the treaty or agreement provides for mandatory submission of disputes to international arbitration (i.e. there must be express consent to arbitrate under the other treaty or agreement)—the interpretation…
…for this updated of the law, the first overall reform of French arbitration legislation since the 1980s. The reform keeps with the long-standing tradition of innovative and arbitration-friendly arbitration law…
…in their arbitration agreements. In addition, the ‘opt-ins’ will apply automatically where an arbitration agreement entered into before or within six years of the new Arbitration Ordinance coming into effect…
I received this notice from my friend Gary Born and thought it worth sharing. Sounds like a wonderful opportunity for any academic interested in international arbitration. My Pepperdine colleague Tom…
…arbitrators. You hear it when someone is once again frustrated over the significant delays occurring in their arbitration proceeding because the arbitrators do not have time to meet or review…
…2010, and its scope covers all cross-border disputes whether deriving from litigation or arbitration routes. The law allows for the establishment of local ADR providers (which would be private, not-for-profit…
…my previous mistake by appointing a well-known arbitrator from outside of India. The arbitration was then concluded within 18 months. The point is that international arbitration has wonderful flexibility to…
…direct readers of this blog to relevant reporting in my Investment Arbitration Reporter newsletter (not to be confused with Kluwer’s ITA newsletter) where appropriate. (You won’t need a subscription to…
…to allow for arbitration according to the disability policy. The arbitral tribunal awarded the doctor full policy benefits as well as punitive damages and damages for emotional distress; however, the…
…of this new European investment policy, which will inevitably lead to an increased politicization of the discussion regarding investment treaty arbitration. The new exclusive EU competence means that in the…
…section 43(2) of the English Arbitration Act 1996. Under the Arbitration Act (or indeed, the International Arbitration Act), the position remains undecided. Section 30 of Arbitration Act (and section 13…
…a threshold matter, the arbitrators must decide whether, under the arbitration agreement, the arbitration can proceed as a class arbitration. After a hearing solely on this issue, the tribunal ruled…
If a national court is called upon, in the context of an application to refer parties to arbitration, to determine whether a valid arbitration agreement exists, how probing should the…
…the rules of the selected arbitral institution, if applicable. The parties to an arbitration have autonomy to choose prior to the dispute or when the arbitration has commenced not only…
…investment and pension funds and investors fighting over complex financial arrangements make up the parties. Traditionally, banks have steered clear of international arbitration. In fact, with New York and London…
