ADR in the Blockchain Ecosystem: A Primer
…640 F.3d 53 (2d Cir. 2011); see also Symbion Power v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC) (holding that parties to arbitration have a “legitimate expectation that arbitral…
Search Results for: efficient arbitration
The Contents of the Yearbook Commercial Arbitration, Volume XLVIII (2023), Uploads 3 and 4
Subscribers to KluwerArbitration also enjoy access to the ICCA Yearbook Commercial Arbitration. Recently, the third and fourth upload of court decisions from the 2023 Yearbook went online on KluwerArbitration. The…
The Law Applicable To The Effects Of Insolvency In Arbitration: UNCITRAL’s Work In Progress
…Draft commentary, par. 21. This rule is not subject to an exception concerning arbitration agreements which have given rise to pending arbitration proceedings. The characterisation of arbitration agreements as contracts…
Arbitrating Family Disputes in France
…arbitration agreement or an arbitration clause is necessary to arbitrate family law issues. Regarding domestic arbitration, Article 2061 of the French Civil Code provides that the arbitration clause is unenforceable…
The Vis Moot’s New AI Rules: Reflecting Current Sentiment & Foreshadowing Issues in Practice
…Instead, mirroring the sentiment of 63% of arbitration practitioners in a recent survey by our firm, BCLP, on the use of AI in international arbitration, the new rules seek to…
NAI Annual General Meeting 2023: A Recap
…International Arbitration Tom Claassens opened the first panel discussion around ethics in arbitration with a thought-provoking quote by Aldo Leopold: “Ethical behavior is doing the right thing when no one…
Redefining Resolution in Data Disputes: Why Arbitration Holds the Key
…each respective national court. Arbitration as a Solution Arbitration could help navigate the aforementioned challenges. To illustrate arbitration’s efficacy in resolving data privacy disputes, let us consider a hypothetical…
CIAM New Arbitration Rules: A Leap Forward for International Arbitration in Spain?
…the Civil and Commercial Arbitration Court (CIMA) and the Spanish Court of Arbitration (CEA). The CIAM has, among others, a Best Practices Commission, hosting highly recognized and seasoned practitioners. This…
The Third ICC Arbitration Conference for the Northeast of Brazil: Exploring the Region’s Full Potential
…arbitration is “absolutely established in Brazil”. After presenting statistics on the use of arbitration in Brazil, she discussed the advantages of arbitration compared to state jurisdiction, with a particular focus…
Evidence in International Arbitration: A Wild Horse That Has Yet To Be Broken?
…issues. Conclusion Overall, the Report demonstrates that the treatment of evidence in international arbitration is an advantage over litigation and a key opportunity for arbitration to be more efficient….
A New Dawn: Sunrise of Caribbean Arbitration as ITA Launches Initiative to Support its Development
…and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas. The Report outlines the current state of arbitration in the…
The Chilean Experience: Practical Aspects of an Application for Set Aside an International Commercial Arbitration Award
In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how…
New York Arbitration Week 2023 Recap – Obtaining Evidence in the United States from Non-parties to an International Arbitration in a Post-1782 World
…for that process in the procedural calendar in order to minimize disruptions to the arbitration schedule. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
Artificial Intelligence, Ethics, Mediation, New York Arbitration Week, Singapore Mediation Convention, Technology
New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation
…of his colleagues, the Chaffetz Lindsey firm, its clients, or the New York Arbitration Week Organizing Committee. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
Brazil, Dispute Resolution, ICSID, Investment, Investment Arbitration, Investment Disputes, ISDS, ISDS Reform, Latin America
BRAMIA: An Alternative to ISDS
…works like this: the state scripts arbitration directly into a concession contract, should it choose to do so. Otherwise, there is no arbitration. Arbitration is treated as a highly strategic…
New York Arbitration Week 2023 Recap – Tales from the Hearing Room: “What Would You Do?” Young Practitioners Panel
As part of the 2023 New York Arbitration Week, on November 13, 2023, Chaffetz Lindsey LLP and the New York Arbitration Week Organizing Committee hosted Tales from the Hearing Room:…
New York Arbitration Week 2023 Recap – Effectively Managing M&A Risks and Disputes: Key Issues and Top Tips
…in New York and Eric Ives is an Organizing Committee Secretary of New York Arbitration Week 2023. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
UAE’s Arbitration Law Transformation Through Federal Decree Law No.15 of 2023: Innovations, Ethical Compliance for Arbitrators, and Enhanced Procedural Roles for Arbitral Institutions
…been introduced to key articles of the Federal Arbitration Law No. (6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration…
Constitutional Court, Ecuador, ICSID Arbitration, Latin America, Trade and investment agreements, Uncategorized
Ecuador Sends Mixed Signals: The Constitutional Court (Wrongly) Declared a Treaty Containing an ICSID Arbitration Provision Unconstitutional
…an international treaty and agreeing to arbitration, Ecuador is exercising its sovereign powers. Furthermore, the Constitution itself recognizes arbitration (which includes international arbitration) as an alternative dispute resolution method. Hence,…
PRC Foreign State Immunity Law: A Gateway to Judicial Review of Investor-State Arbitration by the PRC Courts?
…Arbitration Agreement In terms of the validity of the arbitration agreement, the notable difference between commercial arbitration and investment treaty arbitration is that, for the latter, the parties’ agreement to…
Revisiting the Indus Waters Treaty: PCA Reasserts Competence
…epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“PCA”), with an Award on Competence having been rendered on July 6, 2023. This post examines…
Dual Nationals, Interstate arbitral awards, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor, Latin America, Venezuela
A Never-ending Story? Dual Nationals in Investment Arbitration: A Commentary on Santamarta v Venezuela
…an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the Bilateral Investment Treaty between Spain…
Inquisitorial Processes, Or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?
…arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The distinction is not strict, as parties may choose to treat a domestic arbitration as an international arbitration and…
Key Insights on Libya’s New Arbitration Law
…the Libyan legal community is that the New Arbitration Law applies to all arbitration agreements entered into, and arbitration proceedings initiated, after the enactment of the New Arbitration Law (Articles…