…request to submit the dispute to arbitration. If arbitration proceedings have not yet been commenced and the arbitration agreement is then suspended, any arbitration commenced by the creditor against the…
…to CIAW been like, both from the arbitration community in California and the arbitration community outside of California? The international arbitration community, both in California and beyond, have responded with…
On 15 March 2023, as part of California International Arbitration Week, California Arbitration and California Lawyers Association ADR Subcommittee organized an interactive event titled ‘Opportunities and New Trends in the…
…in arbitration. Mr. Kang added that the general aversion against arbitration in the IP field also is the result of a lack of tradition within the industry to utilize arbitration….
…if it differs from what the arbitral rules provide; the governing law; the language(s) of the arbitration; and the seat of the arbitration that will determine the applicable arbitration legislation…
…in investment arbitration. Instead, party autonomy would be replaced by selection and appointment mechanisms comparable to those in place for international courts. To preserve some degree of party autonomy, the…
…agreement, with the alleged award creditor. They were not aware of the arbitration proceedings nor did they participate in the arbitration proceedings. Upon further investigation, it was discovered that the…
…In this context, Adolf highlighted the arbitration rules of the Hong Kong International Arbitration Center (HKIAC), the Singapore International Arbitration Center (SIAC) and the China Maritime Arbitration Commission (CMAC). In…
…Commission’s Proposed Reform of the Arbitration Act 1996 The Law Commission of England and Wales is currently reviewing the English Arbitration Act 1996 with a view to its being reformed….
Every arbitration starts as a dispute that arises months or even years before the tribunal is constituted. Well in advance of filing a request for arbitration, or an answer to…
…OIC Arbitration Centre’s mandate is in flux. Despite a reference to investment disputes in its statute, the OIC Arbitration Centre does not appear to be the “Organ for the settlement…
…arbitral proceedings, particularly at ICSID, which reinforce the autonomy of investor-state arbitration from commercial and inter-state arbitration. ‘Ratione personae’ hybridity ‘Ratione personae’ hybridity relates to the IILA espistemic community, especially…
…to their own judgement on the validity and effectiveness of the arbitration agreement. The principles of Kompetenz-Kompetenz and separability enable arbitrators to distinguish the arbitration agreement from the main contract…
…a particularly favourable destination for arbitration of energy disputes. III. Third-Party Funding and Green Arbitration As mentioned above, the 2021 Queen Mary Survey on adapting arbitration to a changing world…
…Might Be Relevant For Other Potential Investment Arbitration Cases? Before arbitration tribunals decide whether Russia has enjoyed the effective control in affected territories or Russian actions had a different nature,…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor to the Managing Editor. The Assistant Editor reports directly to…
…the reasoning of the Tribunal in the Eurus arbitration – the regulatory framework was not sufficiently specific. In contrast, in Novenergia II – Energy & Environment (SCA), SICAR v Spain…
…reconsider) resolving the dispute before the arbitration hearing begins? Her answer: the increased use of deadlines. Ms. Salomon noted that the biggest deadline was the arbitration hearing itself, and suggested…
…that can be used in extreme cases (e.g. violation of human rights). As I discuss in my recently published book (Contract Law in International Commercial Arbitration) this approach is in…
The Swiss Very Young Arbitration Practitioners (“Swiss VYAP”), in collaboration with the Young Arbitral Women Practitioners (“YAWP”), held an interview series on career paths in international arbitration during the second…
…parks. In 2015, Novenergia commenced arbitration against Spain in Sweden under the Arbitration Rules of the SCC Arbitration Institute (SCC Case V 2015/063). In the arbitration, Novenergia successfully argued that…
…resolved by arbitration. As discussed in our earlier article, there is an inherent compatibility between such disputes and the arbitration process. This can be illustrated by how the year began…
…the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”) against the Republic of Mozambique (the “UNCITRAL Arbitration”). The arbitration was filed under the 2009 India-Mozambique…
One of the complaints levelled at arbitration is that tribunal orders lack teeth because, unlike a court, arbitrators do not have wide-ranging powers to enforce interlocutory measures against a party….
