…(Funke Adekoya & Company) as speakers. According to Jus Mundi’s 2023 Mining Arbitration Report, out of around 800 mining arbitration cases, 56% corresponded to commercial arbitration and 44% to investment…
…Agreement will likely trigger new cases and new questions of interaction between these rules. Melissa Gorsline noted that resource nationalism is always happening somewhere in the world. It is certain…
2023 Paris Arbitration Week (PAW) gathered over 1,400 attendees, in person and online, and featured over 145 events over five days. Kluwer Arbitration Blog is the official media partner of…
…contemplated the near future of the investment arbitration system. Near Future – New ICSID Rules and Regulation of Double-Hatting The panel took the new ICSID Rules and the regulation of…
…and designing suitable solutions for them (translated into several provisions in the new ICC Rules of Arbitration addressing disputes involving States, such as articles 13(4), 21(2) and 29(5)); a tendency…
…Seat of International Arbitration Moderated by Joaquín Vallebella (Partner of Brons & Salas, Buenos Aires), Panel V addressed the new legal context for arbitration in Argentina, since the enactment of…
Independence and impartiality of an arbitral tribunal has been fundamental to arbitration and was recently re-emphasized by major decisions in common law jurisdictions including by the UK (Halliburton v. Chubb)…
…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…
…whole; a new legal question; a divergence of interpretations in the case law of the different chambers; or the intention to depart from an established line of cases). In conclusion,…
…impetus not only to introduce a mechanism for setting aside arbitral awards, but also to improve the Latvian arbitration framework. The Latvian arbitration legislation contains several incomprehensible provisions that discourage…
…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…
…to protect the legitimacy of arbitration; and the latter in order to enhance legal certainty and clarity. Charles Tay, Satellite Launch and Production Services and Arbitration in the Chinese…
…in International Arbitration of 2013 expressly included a party’s “employees” in the definition of representatives; the DIS Arbitration Rules of 2018 introduced Rule 27.3 that encourages outside counsel to attend…
…Agreement’s MFN clause to import UNCITRAL Rules in other BITs where the Secretary-General of the Permanent Court of Arbitration (“PCA”) is the appointing authority. He has done so on several…
…hybridity of IILA. This is most visible in the conflicting streams displayed by arbitral practice as for the interpretation of treaty provisions. Legal indeterminacy This is where legal indeterminacy, which…
…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…
…standpoint help define which legal concept to apply to a particular action. By having answers to these, one can determine whether the investment arbitration can be the best available way…
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…
…Charter Treaty (“ECT“) expressing its view on a number of occasions that amendments to the current ECT provisions are not necessary (as reported in the Blog here). This position likely…
