…by treaty arbitration in other nations are addressed through contractual arbitration, which is the starting point for this contractual model of investment arbitration. Power Shift In conventional ISDS, treaties roll…
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:…
…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….
…of any agreement between the parties or specific legal provisions, the arbitral tribunal has the discretion to determine the relevant rules. The only constraint is that these rules must not…
…This brought expectations for Ecuador to potentially enter into new BITs (or treaties incorporating investment protection provisions) providing for ICSID arbitration. In March 2022, Ecuador signed a Trade Association Agreement…
…that prevented Chinese arbitration institutions from accepting investor-state arbitration cases. As noted, several leading arbitration institutions in the PRC launched investment arbitration rules, i.e., SCIA Rules Article 2(2), CIETAC Rules,…
…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…
…critical determinations: The treaty does not establish a hierarchy of forums that would apply jurisdictional requirements of the ICSID Convention system to arbitration under the UNCITRAL Arbitration Rules. The BIT’s…
…actively encourage settlement between disputing parties. In comparison, the LCIA Arbitration Rules do not contain similar provisions. Powers of Courts and Tribunals in Singapore In Singapore, different procedural rules may…
…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…
…“upstream national legal protection” to effectively stop intra-EU ECT ICSID proceedings due to a lack of an effective arbitration agreement, recognition and enforcement of intra-EU IIA/ECT awards will increasingly be…
…legal authorities by parties in international arbitration proceedings. It also considers how rules around legal authorities interact with general considerations of procedural fairness and legal principles concerning the arbitral tribunal’s…
…new rules offered limited access to the ISDS mechanism compared with NAFTA. Furthermore, investors from Canada and the U.S. face an additional restriction as ISDS rules expired between the two…
…for the Hong Kong International Arbitration Centre (HKIAC) In an arbitration under the 2018 HKIAC Administered Arbitration Rules, the Claimant designated as first co-arbitrator the same person who had been…
…purpose, the Court referred to the special nature of the International Arbitration Act, favoring its provisions as opposed to more general rules. Accordingly, the analysis of the Court was based…
On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts –…
As the Arbitration and Mediation Act 2023 (AMA) reshapes the legal landscape of dispute resolution in Nigeria, one of its remarkable provisions is the establishment of the Award Review Tribunal…
…arbitration clause does not affect the arbitration clause, which remains in force unless the invalidity affects the arbitration clause itself. It explained that the arbitration clause is independent and has…
…the structure in the first volume. The cases refer to different versions of the Vienna Rules. Reference to “Vienna Rules” indicates the relevant Article of the Vienna Rules 2021, while…
…experienced arbitration professionals from various jurisdictions to discuss an array of topics on international arbitration, digital assets, fin-tech, and other relevant matters. The panel was moderated by Leng Sun Chan…
…The sessions provided insights into practical strategies for recovering and managing arbitration costs based on recent empirical findings and evolving practices. The Recovery of Arbitration Costs in Asia in…
…arbitration share the features of efficiency, convenience, and economy, and are both focused on simplifying arbitration procedures, shortening arbitration time, and reducing arbitration costs. Based on the above reasons, the…
…change the rules on damages and causation, and to have such change apply to many future investor-State disputes. With that background, this blog post proposes new rules on damages and…
…of the Review is another important building block in the growing collection of analysis and case law on Investment Arbitration, confirming Kluwer Arbitration as the one-stop shop for arbitration research….
