…Rules as Default Rules The National Code recognizes that references to arbitration rules in an arbitration agreement incorporate all the rules to the arbitration agreement (see Article 536). Absent an…
…an overview. Conditions Precedent The respondent filed for the annulment of an award rendered in an arbitration governed by the Dubai International Arbitration Centre (“DIAC”) Rules raising three grounds, all…
…provided that the MFN clause does not apply to dispute resolution provisions. For example, Article 4(3)(c) of the Uzbekistan-Türkiye BIT (2017) provides: “[t]he most-favored nation treatment provisions of this Agreement…
…elucidate the test for waiver of immunity generally following on from decisions of other apex courts and of the International Court of Justice; and 2) apply that test in the…
…can also be evidenced by the express incorporation of TPF in numerous institutional arbitration rules such as the 2021 ICC Arbitration Rules, 2017 SIAC Investment Arbitration Rules, 2018 HKIAC Administered…
…Terms”) mandated that any disputes be resolved through Judicial Arbitration and Mediation Services (“JAMS”) arbitration, seated in San Francisco. After incurring losses exceeding £600,000 on the platform, Mr Chechetkin sought…
…participate in the arbitration or eliminating the legal status and legality of a plaintiff’s standing to sue and to participate in the arbitration in accordance with law. The parties to…
…refused the grant. According to the Attorney General’s Department, Zeph filed a Notice of Arbitration under Chapter 11 of the ASEAN-Australia-New Zealand Free Trade Agreement (“AANZFTA”) on 29 May 2023,…
…and Another v Railtel Corporation of India Ltd (“Margo”), reiterated the conflict in the existing legal position and the need for finality on this issue. The Kluwer Arbitration Blog has…
…arbitration. As arbitration agreements hardly ever provide for public hearings, the finding of a lack of actual freedom of choice has the de facto effect of rendering the arbitration agreement…
Investment treaty arbitration tribunals have addressed issues surrounding State intervention and States’ regulatory freedom time and time again, consequently creating guiding precedent regarding State conduct that could constitute breaches of…
…workshop discussed how international arbitration gives effect to the legal rights of parties through granting them different remedies. During the workshop, eminent arbitrators, in-house counsel, and arbitration practitioners analyzed the…
For years, Albania did not have a self-standing arbitration law or even any legislative provisions specifically on arbitration. Until 2013, the Albanian Civil Procedure Code did contain some provisions on…
…Patent Mediation and Arbitration Centre for Europe With the Unitary Patent (UP) and Unified Patent Court, some Member States of the European Union are creating a new system that reaches…
…their own interests” and that “the broken ISDS system has time and time again worked in favor of big business interests.” This criticism against ISDS is not new. ISDS has…
…not only the VIAC’s Rules of Arbitration (2017) (“VIAC Rules”), but also Vietnam’s arbitration-related legislation. He also regularly lectures on commercial arbitration and sits as an arbitrator in both international…
…is an instrument still unknown under Italian arbitration law, despite the arbitration rules of the main Italian arbitration institution – i.e., the Milan Arbitration Chamber – do envisage it. In…
…of the larger hotel. So, starting a new facility with a small number of rooms will create a challenging situation. “Go big or go home” really does apply in this…
…The Law of the Arbitration Agreement: Who Wants to Know and for What Legitimate Purpose?’ Common law cases and commentators have debated whether the law of an autonomous arbitration agreement…
…Korea (see para. 554). In 2012, these SPEs initiated arbitration proceedings against the Republic of Korea under the 1976 BIT before an ICSID Tribunal. The Claimants primarily contested in arbitration…
…It arises out of the Luxembourgish and Dutch claimants’ successful ICSID arbitration against Spain under the Energy Charter Treaty (“ECT”), in which the tribunal held that Spain had violated the…
…the three DSU provisions on arbitration, Article 25 is the only provision that enables WTO Members to use arbitration as an independent means of dispute settlement (by contrast, arbitration under…
…arbitration. Render unto Caesar Although not ground-breaking, the Zamin case resurfaces the debate on jurisdiction in cases where judicial reorganization and arbitration proceedings run in parallel. While the reorganization…
…was conducted under the UNCITRAL Arbitration Rules and involved a contractual dispute between Chevron Australia Pty Ltd (“Chevron”) and a joint venture between CBI Constructors Pty Ltd and Kent Projects…
