…serves to highlight the wide range of disputes that can arise within the industry as well. In short, by using the WIPO Mediation, Arbitration, Expedited Arbitration, and Expert Determination Rules,…
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…
…to litigate/arbitrate the main dispute. Categorically, institutional arbitration rules do not contain a definition for expert determination, and it is not considered a form of arbitration. Usually, there is no…
…UNCITRAL also recently completed the development of its expedited arbitration rules and is working on new projects to address the needs of its members on insolvency, trade finance, digital trade,…
…Rules and the Chartered Institute of Building Set of Rules which also have specific rules regarding integrity. He likewise related the difference between the US and UK in terms of…
The increased globalization of business and the rising popularity of arbitration as a standard method of alternative dispute resolution (“ADR“) has fostered an intersection of arbitration and insolvency. Arbitration is…
…academics, WTO dispute settlement panelists are often current or former government officials who may not have legal training. In investment treaty arbitration, there is a concern that double-hatting may undermine…
…are typically bound by their ethical rules irrespective of the place of arbitration or the substantive law of the dispute, any AI-related guidance or rules issued by their regulation authority…
…have attempted to settle the dispute amicably through consultation and – for arbitration – provided that both parties have consented to arbitration and the arbitration rules (Art. 27). The principle…
Can an arbitration agreement be binding on a party that did not sign it? Generally, an arbitration agreement only binds its signatories. This is a transnational principle, also anchored in…
…was unable to demonstrate that the parties intended for English law to be the law of the arbitration agreement, the substantive rules of French arbitration law would apply. On that…
…and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability of an arbitration agreement if…
…provides a list of six circumstances in which an arbitration agreement will be found invalid, e.g., if the person signing the arbitration agreement lacks legal authority to do so, or…
…In Kyrgyzstan, there are currently four registered institutional arbitration courts: the ICA CCI KR (established in 2002); the Jalal-Abad Regional Arbitration Court (2013); the Central Asian Arbitration Court (2015); and…
…(Vienna Moot), hugely inspired more than a generation of young arbitration lawyers and we cannot thank him enough for his contributions to the arbitration community. At Wolters Kluwer, the Vienna…
…the HAA, highlighted that confidentiality and transparency are one of the key issues in which commercial arbitration and investment arbitration take a diametrically opposed approach. While in investment arbitration the…
…since it brings the German arbitration law back in line with global standards of arbitration-friendliness by restoring the German legal situation before 1998. Appointment of Arbitrators in Multi-party Arbitrations…
…combined with its innate feature, will undoubtedly give rise to new and complex legal issues. In case disputes arise, arbitration may function as an optimal mechanism to resolve regulatory challenges,…
…cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented prior to the arbitration procedure….
…commentary from each of the Court members of the ICC International Court of Arbitration in the region. Moderator Diora Ziyaeva (Partner, Dentons New York) opened the event and additional opening…
…Skougarevskiy). NAFTA arbitrations, given their sheer number, have provided the arbitration community with opportunities to study and understand effective practice under the UNCITRAL Rules and ICSID Additional Facility Rules. Scrutiny…
…reasonable attorney’s fee” for “[a]ny person injured in his business or property by violation of” RICO’s substantive provisions. These expansive remedies have made RICO an attractive claim for plaintiffs in…
On an exceptionally sunny day in Vancouver, Canada, Vancouver International Arbitration Centre (VanIAC) and International Council for Commercial Arbitration (ICCA) hosted a joint conference entitled “Energy Infrastructure Disputes and Arbitration:…
