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…
…of the ICSID Arbitration Rules Rule 41(5) is a new provision, introduced as part of the amendments that came into effect on 10 April 2006. The Rule 41 (5) opens…
…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…
…SPP v. Egypt, the tribunal decided to apply “general principles of statutory interpretation” taking into account both “relevant rules of treaty interpretation and principles of international law applicable to unilateral…
…on the reform. The new law can be found here, as well as the accompanying commentary here. The reform concerns both domestic and international arbitration and the new provisions will…
…in Schedule 2 of the new Arbitration Ordinance. These will apply in place of certain of the Model-Law based provisions, where parties so choose. These specialised provisions include: – disputes…
…of interest are invited from all full-time legal academics, particularly in the fields of international arbitration and litigation, private international law, public international law, and comparative law, regardless of seniority…
…This is not a new topic. I find myself often standing amongst professional peers when it comes up. You see it when someone is talking about the lack of female…
…effect comply with the provisions of the EU Mediation Directive 2008/52/EC for various commercial law matters. The draft paper on this new law was just voted on, on 9 December…
…for those engaging in international arbitration would be to pledge to stop engaging in them. While arbitrators, institutions, and even country legal systems, may all have their own list of…
…on December 23rd when an ICSID annulment committee annulled the 2007 ruling. The annulment paves the way for a new arbitration, and one imagines that this will land on ICSID’s…
…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…
…Arbitration Act (Cap 10) (the “Arbitration Act”). Nonetheless, the Court’s observations would likely apply in the international context, given the similarities between the Arbitration Act and the legislation governing international…
…the American Bar Association’s Model Code of Professional Conduct, a couple provisions imply that the attorney’s representation must be to completely do what is reasonable and best for the client….
…entered into a Supplemental Agreement to be bound by Rules 3 through 7 of the American Arbitration Association’s Supplementary Rules for Class Arbitrations. Rule 3 contains a requirement that as…
…party opposing arbitration to apply for a judicial declaration that no valid arbitration agreement existed. This line of reasoning has persuaded the Indian Supreme Court (albeit in a split decision),…
…Rules, and 22 of the LCIA Arbitration Rules. The framework provided by all these national and international rules leaves the parties – and, if they are silent, the arbitrators –…
…presence of the Permanent Court of Arbitration (“PCA”). In fact, the new facility intends to use the PCA as an appointing authority similar to that outlined in the UNCITRAL rules….
…(Children’s Nutrition) which contained an arbitration clause referring to the Vienna International Arbitration Center (VIAC) and the Vienna Rules. On 6 November 2006, Hipp concluded a guarantee contract with the…
The controversial topic of third-party funding in international arbitration continues to generate much debate across the conference circuit and in the legal press. On the one hand, supporters claim that…
…arbitration lawyers it is the choice of seat (and the choice of arbitration institution) that captures their interest. Participating corporations were asked to indicate their preferred seat of arbitration and…
…has been set down in the 2010 revision of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) which put the entire evidentiary process under the…
