…of arbitration clauses “buried” on websites. The SGHC also made some interesting observations on unique issues that arise from arbitration agreements and representative actions. Background to the Dispute A…
…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…
…arbitration in accordance with the arbitration rules of the Grain and Feed Trade Association, with London as the seat of arbitration and English as a language of proceedings (GAFTA Arbitration…
On a theoretical level, the ultimate source of an arbitral tribunal’s jurisdiction is the parties’ consent to refer disputes to arbitration. The source of authority of individual members of a…
…the validity of the arbitration agreement by reference to US law. The Louisiana Court started by noting that the US Federal Arbitration Act (“FAA”) makes written arbitration agreements “valid, irrevocable,…
…evolving use of technology in arbitration Since arbitration is largely a private affair, there is no direct public pressure to digitalise. The COVID-19 pandemic drove some digitalisation by necessity, primarily…
…states’ environmental duties, potentially leading to significant reforms in investment arbitration, enhancing awareness of its current limitations, especially in addressing climate challenges. This post summarizes key ISDS and climate change…
…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…
The 2023 volume of the Yearbook Commercial Arbitration is now available in print, as well as online on the KluwerArbitration database. With the highest number of reported decisions ever, the…
…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…
…towards international arbitration. Annulment of Investment Awards: Old Names and Recurring Issues Year after year, Paris continues to be a leading venue for the annulment of non-ICSID investment arbitration awards….
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…
…the International Court of Justice linked arbitration to the rule of law, stating that African states’ insufficient participation in arbitration is “a negative factor with respect to the potential contribution…
…Commercial Arbitration (“SCCA”)’s first overseas office in the Dubai International Financial Centre (“DIFC”) the release of the new 2023 SCCA arbitration rules, the inauguration of the Russian Arbitration Centre’s first…
…provisions, and the introduction of arbitration proceedings rules that contain interesting provisions that seek to streamline and expedite arbitration-related court proceedings. This Act, aligns Nigeria’s arbitration framework with global standards,…
…The case concerned an arbitration clause, which provided for disputes to be settled through amicable arbitration and where the settlement through amicable arbitration fails, the dispute ought to be resolved…
…and Online Case Management Online case management saw further strides in 2023. At Hong Kong Arbitration Week 2023, participants observed that the Hong Kong International Arbitration Centre Case Connect, launched…
…commercial arbitration, Russian State Commercial (Arbitrazh) Courts have consistently “grabbed” jurisdiction on claims in the presence of straightforward “non-Russian” arbitration clauses. Notably, pursuant to a law that was adopted in…
…Arbitration Ireland, and Irish Attorney General Rossa Fanning SC emphasised Ireland’s progression on the global arbitration stage, mentioning developments including the recent signing into law of legislation allowing third-party funding…
…before commencing of the arbitration, the parties may seek urgent relief from a judicial court (See Article 22-A, ¶1 BAA) but once the arbitration has been commenced, the arbitrators will…
Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. One means to ensure a speedy arbitration can be a fixed…
…to alleged non-payment of hire by the Plaintiff, the Defendant, Bulk Trident Shipping, commenced arbitration proceedings seated in London (“London Arbitration”). The Defendant then issued a statutory demand pursuant to…
