…to uphold the parties’ agreement to arbitration, these recent decisions highlight the importance for parties to carefully review and comprehend all relevant contractual provisions before entering into arbitration agreements. References[+]…
…with The Hon Wayne Martin AC KC and outline of the draft 7th Edition of the SIAC Arbitration Rules. My address will begin by charting how international arbitration…
…practices to guide parties in driving cost-effectiveness in international arbitration. Before the Arbitration Carefully drafting your arbitration clause is crucial in order to minimise the risk of jurisdictional disputes….
…Protocol notes that state parties “may” consider the rules under the Protocol when negotiating inter-Africa investment agreements (Art. 49 (4)). According to the African Arbitration Academy Model BIT, which was…
…new regional arbitration centres, the relaunching of other centres and a proliferation of new rules and best practice, alongside the growth in the legal sector. Any observer of the region…
…rules,” including provisions that allow the ISU to impose “sanctions” on athletes for participating in competitions not authorized by the ISU. According to the ISU rules, the ISU’s decisions may…
…appear to have dominated in various provinces: arbitrator independence and impartiality, unconscionability of arbitration agreements, procedural fairness, and the admissibility of new evidence in post-award proceedings. In addition to judicial…
…improper notice. The case concerned an award of the Shenzhen Court of International Arbitration (“SCIA”) arbitral tribunal. Though respondents appeared to be represented by counsel during the arbitration, they later…
…its doors at the Dubai International Financial Centre (“DIFC”) in February 2023 and publishing its new Arbitration Rules in May 2023. The new Arbitration Rules feature streamlined Online Dispute Resolution…
…Arbitration and Conciliation Act 1996 (“Indian Arbitration Act”) owing to India’s commercial reservation to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). Meanwhile,…
…arbitration seated in Singapore and conducted pursuant to the Singapore International Arbitration Centre Rules. TL’s Terms of Use also stated that there shall be no authority for any claims to…
…the arbitration under section 11 and section 8 of the Arbitration and Conciliation Act 1996 (“Arbitration Act”),1)A reference under section 8 originates when a party brings an action in a…
…seek interim measures before arbitration, 46 were actions to challenge arbitration agreements and 10 encompassed actions to compel arbitration. Thus, according to the Report, 51.2% of them were actions in…
…money to New Alternative Oak. The original contract (to which New Alternative Oak was not a party) included an arbitration clause providing for the application of ICDR arbitration rules, but…
…enforcement process: while the position may be settled in the Spanish legal order, how should other legal systems determine the effect of the MSC’s decision? Is the answer supplied by…
…contained an arbitration clause under the DIFC-LCIA Rules, seated in the DIFC, which was concluded before the enactment of Decree 34. The Claimant sought to bypass the arbitration agreement and…
Over the last year, the potential for Generative AI in the legal services market has shaken the legal profession. While its impacts are not yet fully understood, many believe that…
…appears to be happening, it would create a legal vacuum. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered…
…and third-party funders to assess an investor’s conduct more holistically before initiating or financing an arbitration. It further creates incentives for investors to better comply with global public interest regulation…
…State. 2nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2nd Annual California International Arbitration Week…
…2023 volume further contains announcements of new arbitration rules and of recent developments in the law and practice of several countries, as well as a comprehensive bibliography prepared in cooperation…
…to a career in arbitration. We will continue to support diversity and inclusiveness initiatives in international arbitration, as well as the coverage of new areas of interest for arbitration, such…
…them, indicatively, purports to ban arbitration involving French public legal entities altogether. It is to be hoped that such anti-arbitration instances/outliers will not be maintained in 2024. Any views…
An arbitration agreement is an agreement to resolve disputes through arbitration. Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR…
