…discussing the new ICSID rules issued in 2022 and noted that ICSID hopes the new rules will bring greater transparency to proceedings. She also discussed several specifics of the new…
…(conduct of undertakings with relative or superior market power), and 21 (boycott and other restrictive practices) of the GWB, which prohibit certain conduct, including certain contractual provisions, are cornerstones of…
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…
…increasing inclination to conduct such arbitrations with the assistance of high-technology tools, the latter of which form the focus of this article. Application of New Technologies to Arbitration Below,…
…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….
…arbitrator/his Chamber and the legal representatives of one of the parties to the arbitration could not have been asserted during the arbitration proceedings if due attention had been paid. The…
…recent interventions by the CJEU in international investment law and arbitration outside the EU borders and, in particular, the EU legal order. Irrespective of the outcome, the position of the…
After thirteen years, the Arbitration Center of Mexico (“CAM”), one of the most prominent arbitration centers in Mexico, revised its Arbitration Rules (the “Rules”). The purpose of these amendments is…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
On 10 October 2022, the Secretary-General of the Permanent Court of Arbitration (“PCA”) accepted a challenge brought by Venezuela against the appointment of the Claimant’s appointee, Dr. Wolfgang Peter, in…
…position before the tribunal. Unethical legal tactics: ChatGPT can foster unethical legal tactics by, inter alia, generating misleading or false statements or evidence in the arbitration or at the stage…
…an arbitration clause providing for arbitration under the ICC Rules seated in Singapore. The parties had not expressly agreed on the law governing the arbitration clause. While Singapore law allows…
…The post first gives an overview of the model clauses drafted by UNCITRAL, explaining the role played by the UNCITRAL Expedited Arbitration Rules (“Expedited Rules“). Then, it addresses UNCITRAL’s approach,…
…a long list of pro arbitration decisions that the Supreme Court has issued since enactment of the Law N° 19.971 on International Commercial Arbitration (“LACI”). The facts of the case…
…arbitral tribunals can effectively resolve disputes over the interpretation of space treaties and the conduct of space operators through investor-state arbitration, i.e. arbitration claims pursued against a State by private…
Subscribers to KluwerArbitration enjoy access to the ICCA Yearbook Commercial Arbitration. The first upload of materials for the 2023 volume of ICCA’s Yearbook Commercial Arbitration is now available on the…
…fields for information included in the RfA (see Article 4 of the ICC Rules of Arbitration) including, for example, the arbitration seat, the language of the arbitration, governing law and…
…ICSID Additional Facility Arbitration Rules or whether its considerations generally apply to the enforcement of all arbitral awards that are based on international investment treaties. Conclusion In summary, there…
…enrol in “international arbitration with Professor Carbonneau” or “international arbitration with Professor Dautaj”. The principle of my message is that the philosophy and personality of the teacher largely reflects what…
…Robert Spano – a former President and Judge of the European Court of Human Rights (ECtHR) – and focussed on the new frontiers faced by investor-state arbitration (ISDS), namely reconciling…
…blog post in 2021. This post will examine the progress made in investment arbitration cases and related proceedings involving Ukraine in 2022 and assess the prospects of new cases. As…
…is, for instance, the case of the BAC investment arbitration rules). Another viable approach is the one adopted by the 2022 ICSID arbitration rules, which grant the tribunal – not…
