…the nature of arbitration awards, scrutinized the independence and impartiality of party-appointed experts in M&A disputes, and explored the complexities of arbitration in wartime, drawing examples from regions spanning Europe,…
…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…
…the context of international commercial arbitration. More importantly, the Indian legal regime is navigating uncertain terrains pertaining to the permissibility of foreign arbitration practitioners in India, that makes the viability…
…difference of whatever nature arising under, out of or in connection with this Agreement” shall be referred to arbitration (the “Arbitration Agreement”). The Appellant failed to repay the loan. The…
…their interests without exposing themselves to arbitration and beware of opaque national security grounds for exclusions. Available Protections International law, through multilateral or Bilateral Investment Treaties (“BITs”), offers mechanisms…
…agreement, which is then outside the reach of the pro-arbitration policy. Additionally, setting such a threshold on a disputed debt is not “anti-arbitration” as it neither impedes arbitration by securing…
…the OAB/SP Mediation, Conciliation and Arbitration Chamber and that he had more than 25 years of experience in arbitration, including in rendering awards in the area. The decision pointed out…
…actual decisionmaking track records. Parties frequently cite the ability to select international arbitrators as one of the primary reasons they choose international arbitration. Arguably, the ability to select arbitrators is…
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…
…an international arbitration under the ICSID Arbitration Rules, so Panamanian law did not apply. After a review of all the facts and evidence, the Tribunal concluded that LARAH held a…
While Pakistan is heading towards promulgating a new arbitration law, developments continue to take place under the extant Arbitration Act, 1940 (“the Act”). Section 34 is one of the most…
…Vavilov has nothing to do with commercial arbitration, and even less to do with international commercial arbitration. In fact, Vavilov makes no mention of arbitration or of the Supreme Court’s…
…of Swedish arbitration law. An arbitration may be considered international if one of the parties is foreign, but it is more likely to be considered so if both parties are…
…whether two contracting parties have agreed to arbitration by means of an arbitration clause, even though that clause refers to an arbitration agreement to be concluded separately, is to be…
…QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). This is an important judgment because it is the first Court judgment commenting on the setting aside of an award in arbitrations seated…
…with this issue in challenges based on ‘serious irregularity’ in arbitration proceedings. How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to…
…of the EU (“CJEU”) in Komstroy and a Common Understanding on the Non-applicability of Article 26 of the Energy Charter Treaty as a Basis for Intra-EU Arbitration Proceedings (“Majority ECT…
…condition precedent for the validity of an arbitration agreement, or for its operation and effectiveness? If “referral” to arbitration is interpreted to mean the conclusion of an arbitration agreement or…
…corruption and the arbitration, itself, was unfairly impacted by perjury and fraud, which appears not to have been known to the arbitration tribunal, but which was uncovered during a three-month…
The fifth edition of the Bucharest Arbitration Days (“BArD”) took place on 6 and 7 June 2024. It set out to highlight recent critical developments in international arbitration. The first…
…Arbitration Centre, Vienna International Arbitration Centre, and others to jointly promote the use of arbitration. Hosting the inaugural Uzbek Arbitration Week in 2021, and then followed with its 2022 and…
On 12 April 2024, the Regional Court of Essen (“LG Essen”) dismissed Spain’s request for an anti-enforcement injunction of an intra-EU investor-state arbitration award (2 O 447/22). The LG Essen…
While refusing to interfere with an award under Section 68 of the English Arbitration Act, Justice Teare pithily quipped that “by choosing to resolve disputes by arbitration the parties clothe…
…hoc tribunal was constituted, which decided that the arbitration would be conducted under the UNCITRAL Arbitration Rules, the imperative rules of the seat of arbitration, and those rules established by…
