…submission of a claim to arbitration, and (vi) non-retroactivity. Several new topics were also addressed. In the Foster Wheeler submission, for example, the United States addressed preliminary objections based on…
…their shares in a company to Petronz (“the SPA”). The SPA provided for disputes to be resolved by arbitration under the LCIA rules. Petronz did not pay the purchase price…
…disputes under the FOSFA Arbitration Rules (“the Rules”). NHP failed to perform its obligations on time and proposed to extend the delivery dates due to force majeure. Thywissen rejected that…
…the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating…
…it comes to procedural issues, such as evidentiary issues, as different rules apply in arbitration. One may add to these concerns the risk of judicialization of arbitral proceedings. This term…
…direct the parties to arbitration if a party raises an objection that there is an arbitration agreement, unless the arbitration agreement is void. In contrast to the prior arbitration provisions…
…1065 of the DAA, arguing that the arbitral award must be set aside for the lack of a valid arbitration agreement since the condition precedent for the arbitration agreement –…
…only signatories to an arbitration clause can be parties to an arbitration, based on the principle of privity of contracts and the requirement that arbitration clauses be in writing (Bahraini…
…His refusal and subsequent behaviour are suspicious. The matters are subject to mandatory disclosure under the applicable law and arbitration rules, but how can this be enforced? This situation raises…
…arbitration that is crucial for improving efficiency in international dispute resolution. Alberto Jonathas Maia, Impartiality of Arbitrators in Brazilian Law: An Intersectional Approach Between Arbitration, Economics, and Psychology This…
…the 2018 HKIAC Administered Arbitration Rules (the ‘2018 Rules’) where the Claimants initiated a single arbitration under multiple contracts, HKIAC determined not to proceed with a single arbitration under all…
…Arbitration Rules (ICC Case No. 19058/GFC). In the arbitration, CW Travel obtained a favorable award of approximately US$ 2,14 million. Afterwards, CW Travel sought the enforcement of the ICC Award…
…all disputes arising out of the contract are to be determined by arbitration in accordance with the Gafta Arbitration Rules under English law. The arbitral process is administered by Gafta…
…This article analyses in detail the multifaceted types of disputes involving businesses, as well as the responses by international arbitration institutions. After highlighting how international commercial arbitration can resolve existing…
…Centre for International Arbitration; Centro De Arbitraje De Mexico; Africa Institute of Mediation and Arbitration; Istanbul International Arbitration Centre; Vienna International Arbitration Centre; Jamaica International Arbitration Centre; PCA Arbitration Rules;…
…Clause and supplemental rules for corporate law disputes in Autumn 2022. This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental…
On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “Arbitration for the Next Generation”, this year’s edition highlighted the challenges…
…Model Law as adopted by the Arbitration Act 2010 to stay proceedings and refer the dispute to arbitration pursuant to an arbitration clause in the insurance policy. Both court applications…
The Institute of Transnational Arbitration (“ITA”), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on…
…to this conclusion, the Court made three observations: The substance of the dispute had been decided in the 2014 Award; The costs of the arbitration and their allocation had been…
…law basis and general (legal) nature of post-establishment protection. Chronicle of the Foretold Withdrawal of the EU and some (but not all) Member States from the ECT In a…
…in the ever-evolving field of dispute resolution in M&A transactions. The speakers delved into a variety of crucial issues within the field including hot topics in M&A arbitration, new developments…
…The Court also found that two different arbitral tribunals – one an international commercial arbitration tribunal, and the other an investment arbitration tribunal operating under the UNCITRAL Rules – did…
