…intended to apply to arbitration proceedings. The Code contains a specific subset of rules in relation to arbitration (Part Six), as reminded by the supreme court. These rules are based…
…alleged that the insurer should have submitted its claims to arbitral jurisdiction due to the arbitration clause mentioned above, alleging that “the insurer was fully aware of the arbitration clause…
…And, if so, does arbitration have a uniform legal frame? Arbitration enjoys a large (though not unlimited) autonomy from national procedural law and is said to be detached from domestic…
I have been teaching international investment arbitration (IIA) in India for the last 15 years with a focus on its substantive principles contained in numerous bilateral investment treaties (BITs) and…
…by arbitral tribunals, the relationship between the judiciary and arbitration in Mexico, ESG considerations in arbitration, investment arbitration in Latin America, amici curiae in arbitral proceedings, diversity in arbitration, and…
From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators…
The evolution of the Indian arbitration jurisprudence regarding reasoned awards has been marked by ambiguity and divergent approaches. Initially, the requirement for reasons for arbitral awards was not firmly established….
…most sued countries in the world is symptomatic of fundamental administration problems. Unlike other countries in the region, Peru’s arbitration crisis is due to the lack of governance since 2018…
…HCMC Court held that the arbitration clause did neither specify a form of arbitration (i.e., ad hoc or institutional arbitration) nor which arbitration institution should administer the arbitration. Therefore, it…
…of XR to International Arbitration To our knowledge, there is no recorded use of XR in arbitration proceedings. However, XR technology has been employed in courtrooms, albeit infrequently. In the…
…ECT arbitration proceedings against various EU Member States including Spain, Italy, and Czech Republic in the mid-2010s, the European Commission started voicing its dissatisfaction with the ECT and calling for…
The requirement that a tribunal be impartial is a fundamental procedural principle. It is not surprising, then, that under Art. 18 of the Russian Arbitration Act, arbitration proceedings are conducted,…
…the way questions are framed and phrased by counsel in arbitration proceedings, and the fact that the purpose of factual witness testimony in international arbitration is not always about facts,…
…SCC Arbitration Rules 2023 The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present…
…arbitrators have a duty to ensure the efficiency1)Using ChatGPT to perform arbitral tasks is definitely time-efficient, especially in investment arbitration cases, where the average time for rendering an award is…
…on the seat of arbitration, the seat of arbitration is presumed to be the Philippines.4)MC 8, Sec. 9. Parties are to refer their disputes to arbitration only after compliance with…
…continuing trend toward an increase in the “arbitration friendliness” of the Courts. Third, – as in previous years – the Polish arbitration market prefers institutional arbitration over ad hoc arbitration,…
…ICSID from Uzbekistan), the session on investment arbitration featured practitioners and scholars from around the world. Established Challenges in Investment Arbitration The first part of the program explored topics that…
…that characterize this small country make it a prime location for the developing field of arbitration. The urge for a new regulation of arbitration was all the more compelling having…
…address the challenges and intricacies of this industry and include WIPO Mediation, Arbitration, Expedited Arbitration, and Expert Determination or a combination of these options. They come with all the advantages…
I first discovered the resemblance between the concepts involved in blockchain arbitration and John Rawls’ ‘veil of ignorance’ while conducting research on the metaverse and arbitration. With the recent enforcement…
…who are not part of a contract–would consent to arbitration. By way of example, in the US context, plaintiffs would have to be convinced that an arbitration would be more…
…and that is where he sees the potential for arbitration to play a role for hi-tech companies. He urged to create an arbitration system that would provide for speediness, professionalism…
…Cohen, Head of International Arbitration at Gornitzky & Co; Mr. Alexander Fessas, Secretary General of the ICC International Court of Arbitration; and Professor Arie Reich, Vice Rector of Bar-Ilan University….
