Swiss Appeals, Swiss Efficiency
…comment on the practical effects and consequences of the now well-honed Swiss system for appealing international awards rendered in my small but clearly “arbitration friendly” country. The appeal arose from…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Form of the International Arbitration Agreement under the 2011 French Arbitration Law
…on International Commercial Arbitration, Kluwer 1999, §§ 606-610). Under the new law, Article 1507 CCP clearly expresses that an international arbitration agreement shall not be subject to any requirements as…
Dallah and the New York Convention
…Dallah $20 million plus legal costs. Dallah sought enforcement of the award in England under the New York Convention and the English Arbitration Act, 1996, and, subsequently, also sought exequatur…
A Chance to Discuss Proposed or Published Changes to Key Arbitration Rules
The International Chamber of Commerce Court of Arbitration (the ICC) is the largest arbitral institute. In addition, its Rules of Arbitration (the Rules) greatly influence the practice of arbitration, resulting…
Swiss Embargos and their Impact on Contracts Governed by Swiss Law Illustrated by the Swiss Sanctions against Iran
…any, of a sanction on arbitration agreements is determined by the (arbitration) law at the place of arbitration. The nullity of the contract containing the arbitration agreement does not necessarily…
Arbitration, Arbitration Act, Canada, Consumer contracts, Enforcement of an arbitration clause, North America
The Supreme Court of Canada: Pro-Arbitration No More
…faced with an ambiguity in statutory provisions or precedents bearing on an arbitration law issue, Canadian courts can no longer be safely expected to prefer the pro-arbitration solution. The case…
Anti-arbitration, Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Dispute resolution clause, International arbitration
Anti-Arbitration: An International Pledge to Arbitrate Commercial Disputes?
…preference for arbitration under the rules of the ____ Centre, the arbitration shall be conducted under such rules. Where the parties’ preferences do not match, the rules shall be UNCITRAL.”…
Arbitral seat, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Commercial Arbitration, Disclosure, International arbitration, National Arbitration Laws, Seat of the arbitration
The Swedish Supreme Court Emphasizes International Arbitration Law Principles
…arbitration-friendly stance and emphasized that Swedish arbitration law and practice ought to be in line with international best practice in arbitration. Sweden has a long-standing tradition as a seat for…
BIT, Confidentiality and Transparency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Transparency in investment arbitrations
Harnessing Freedom of Investment for Green Growth
…arbitration, the Draft Statement recommends as follows: Governments should seek to ensure that, where relevant, the ISDS system adequately integrates and balances the goals of international environmental and investment law….
The Public Policy Exception – Is the Unruly Horse Being Tamed in the Most Unlikely of Places?
…tax treatment. The application for enforcement of the arbitral award was made under the Belize Arbitration Act which incorporated the provisions of the New York Convention. The Attorney General argued…
Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings
Mixing and matching arbitration rules in mainland China – the pros and cons of using the UNCITRAL Rules in CIETAC arbitration
…which allows parties to adopt “other arbitration rules” as the applicable rules of the arbitration. The underlying reason for this trend is simple: Article 4.2 provides an apparent opportunity for…
Arbitration Act, Arbitration Proceedings, Asia-Pacific, English Law, Jurisdiction, UNCITRAL Model Law
Reaching A Settlement Before the Arbitration Hearing
…such an instance. It is a decision to be welcomed. In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was…
Sports Arbitration and Due Process
Sports arbitration is becoming an increasingly important field. In Switzerland, where the Court for Arbitration for Sports is located, the Swiss Supreme Court is seeing lately nearly half of its…
The Born Supremacy: Review of International Arbitration: Cases and Materials
…subject of arbitration proceedings with appropriate emphasis on excerpts from arbitral awards. Amazingly, inadequate attention to the arbitration proceedings is one of the greatest failings of most international arbitration casebooks…
Arbitration clause, Arbitrators, Disclosure, Domestic Courts, IBA Guidelines on Conflicts of Interest, Jurisdiction, LCIA Arbitration, Provisional measures, Russia
RUSSIA: An improvement in relations between the Russian courts and international arbitration?
While Russia is a signatory to the New York Convention, there is a perception amongst some practitioners and arbitration users that Russia is not an arbitration friendly jurisdiction. This viewpoint…
Arbitration, Arbitration Act, Commercial Arbitration, Europe, International arbitration, Legislation, National Arbitration Laws
New French Arbitration Law Clarifies Role of National Courts and Reinforces Recognition and Enforcement of Arbitration Awards
The new French arbitration law, published on 14 January 2011, further reinforces Paris’ position as a leading arbitration centre. The new law, which comes thirty years after the previous 1980…
SIAC Arbitration: Some Strong 2010 Numbers and an App…
…the institution’s new arbitration rules, which came into force on July 1, 2010. Alongside incremental improvements to the previous rules, the new 4th Edition introduced two more substantial changes: provision…
Fault Lines in International Commercial Arbitration
On March 23, in Washington, DC, the Institute for Transnational Arbitration and the American Society of International Law will co-host a conference on “Fault Lines in International Commercial Arbitration.” Building…
Plaintiffs’ Lawyer Pablo Fajardo Discusses Chevron Ecuador Judgment
…parties to that arbitration and that the Ecuador courts are constitutionally protected from any such attempts at interference by the Ecuador government. When I asked about the prospect of the…
Mediator-arbitrators: the perfect match or no love lost? (A Valentine’s Day Blog)
…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…
Ecuador Court Fines Chevron $8.6 Billion
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…
Anti-Arbitration: The Five Minute Arbitration
…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…
The Impact of Dallah
…rapeseed and claimed damages for non-delivery. B commenced two arbitrations against A under the Federation of Oils, Seeds and Fats Associations (“FOSFA”) Rules of Arbitration and Appeal. A challenged the…
‘Experts’ in International Arbitration
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…