…of 1985 (“Model Law”).[fn]Government of Timor-Leste, Voluntary Arbitration Legal Regime overall approved in National Parliament, http://timor-leste.gov.tl/?p=26656&lang=en&n=1.[/fn]. Some notable sections of the Voluntary Arbitration Law are: Provisions on the procedures for…
…§1, of the Brazilian Arbitration Act (see Law No. 13.129/2015 – Brazilian Arbitration Law – “BAL”, Art. 24, §1:“When there are several arbitrators, the decision will be taken by majority…
On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von…
…and the new Arbitration Act entered into force, the lawmaker introduced special provisions for litigations and arbitrations started on the basis of a PCEB opinion. Several rules were introduced in…
It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an…
…applicable, the arbitration regimes in other notable jurisdictions, including the UK. Judicial Respect for Arbitration Agreements The Act strengthens judicial respect for arbitration agreements by introducing provisions that allow a…
…with pre-arbitral contractual provisions after the commencement of the arbitration, hence turning them into conditions subsequent. Constituting ordinary contractual provisions under UAE law, conditions precedent must be complied with in…
…enforcement jurisdictions’ legal nuances should inform the arbitration agreement drafting. Parties could incorporate a choice-of-law clause specifying that the arbitration agreement, and any dispute arising from it, be governed by…
…arbitration board and non-existent rules was ‘pathological’ in a way that it was apparent, as referred to in section 17(1) of the FAA, that there were no legal grounds to…
…selecting arbitration as the dispute resolution mechanism for such contracts. Carbon disputes often deal with commercially sensitive information or matters concerning national security. The ability for arbitration to maintain confidentiality…
…Regulation applies, notwithstanding the provisions of Article X.39 Code of Economic Law, cannot override the foreign law chosen by the parties to apply the aforementioned Belgian provisions. It also follows…
…and participated in its representation in this arbitration. Alberto Madero was Head of Arbitration and Estefanía Contreras a lawyer in the Arbitration Group. The views expressed herein are those of…
…law in the IBA Rules on Taking Evidence or the similar CIETAC Guidelines on Evidence or (ii) under the Arbitration Rules of the International Center for Dispute Resolution of the…
…to guide the lower courts to properly apply the grounds for non-recognition and enforcement. It ensures consistent judicial practices that uphold the New York Convention and foster a more arbitration-friendly…
…commitment to upholding the New York Convention and building an arbitration-friendly judicial environment. Part I presents statistics for recognition and enforcement rates, the geographical distribution of applicants, the amount claimed,…
…which is only allowed under very narrow circumstances. Petroecuardor argued that: (i) the dispute was not covered by the arbitration agreement because the Arbitral Tribunal (a) imposed joint arbitration by…
…Centre, the BVI International Arbitration Centre, and Barbados’ Arbitration and Mediation Court of the Caribbean This is consistent with the arbitral communities’ focus on promoting arbitration in the Caribbean, including…
…2023. The new ACIC arbitration rules (“New Rules“), which came into effect in May 2023, replace the previous 2007 edition (“2007 Rules”). The New Rules are the result of an…
…communications. For the arbitration community, decisions like this one may have implications for the satisfaction of writing requirements for arbitration agreements. The formal validity of an arbitration agreement is a…
…shared some reflections on the relevance of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to defining arbitration agreements. She discussed the possible extension of arbitration agreements to…
…of this type. Aratirí then applied for a concession under this new law in 2013, but the legal deadline to execute the concession agreement expired in 2015 without an agreement,…
…method is through the New York Convention. Since the New York Convention is a treaty, it should be noted that international law has a direct effect in Dutch law (Article…
…cases, this is not necessary. Among the many advantages of arbitration is the general likelihood that losing parties in most cases will voluntarily comply with arbitration awards. That being said,…
…IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode, Dr Esmé Shirlow, Associate Editor…
