…arbitrators. The manner this principle has been applied is that in multi-party disputes where, as per the arbitration agreement, the number of arbitrators to be appointed is less than the…
This post highlights the most significant arbitration-related developments in Switzerland in 2022 that are of interest to the international arbitration community at large. Part I focuses on the topic of…
…standard waiver of appeal contained in an arbitration clause (with the following wording: “Awards rendered in any arbitration hereunder shall be final and conclusive […]. There shall be no appeal…
This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed in 2020…
…systems subject to heightened scrutiny. The Court of Arbitration for Sport (CAS) has admitted polygraph evidence in several cases where an athlete was accused of doping violations and volunteered to…
The year 2022 saw French and Dutch courts upholding arbitration awards which condemned Russia for breaches of the 1998 BIT between Russia and Ukraine (“Russia-Ukraine BIT”) through actions in the…
…enforcement. Fostering Canada’s pro-arbitration standing, courts were generally adamant about referring commercial parties to arbitration, although a few exceptions that arose in insolvency contexts are worth mentioning. In the sphere…
The past year has seen several victories for Canada on the ISDS front, a conclusion of a decade-long NAFTA arbitration, and much more. If 2022 is any indication, readers will…
…arbitration shall be Budapest, Hungary. The language of the arbitration shall be English. During the subsequent arbitration procedure, the respondents raised a jurisdictional objection, arguing that the arbitration clause is…
…that the EU’s assertive policy measures in the field of investment arbitration, particularly following Achmea and Komstroy, has been criticised, as it has pursued the termination of intra-EU ISDS on…
…(para. 183). It then had to determine itself what made an arbitration agreement “inoperative”. It turned to arbitration authorities and determined the term to cover arbitration agreements that are technically…
…human rights-related developments that may indirectly impact international arbitration – such as the Hague Rules on Business and Human Rights Arbitration (Hague Rules) and efforts to develop a legally binding…
…arbitration and the future of investment law and arbitration. Our students engage with these issues from the study of particular investment treaties relevant to their home jurisdictions or jurisdictions of…
…until a multilateral investment tribunal and appeal mechanism replace them. It relies on the legal machinery of investor-state arbitration, especially for enforcement, dealt with in art.8.41. Investors can make claims…
…the Administrative Council for vote. These rules were well received by the international arbitration community and approved by the Administrative Council on March 21, 2021. Kluwer Arbitration Blog followed the…
…recent years of aviation-specific arbitration institutions and arbitrator rosters like the AAA-ICDR Aerospace, Aviation, and National Security Panel, launched in November 2016, the Shanghai International Aviation Court of Arbitration (SIACA),…
…2022, with the investor being awarded €190 million in the Rockhopper v Italy arbitration (although an annulment proceeding is pending), due to Italy’s application of a legislative ban on offshore…
…arising out of a contractual relationship or transaction, compared to other model arbitration clause that provides for a broader arbitration scope. For example, the ICC arbitration clause covers disputes arising…
…of the CJEU in PL Holdings and set aside an arbitral award (which was rendered by a tribunal seated in Stockholm under the Arbitration Rules of the Arbitration Institute of…
…jurisdiction and whether consent to international investment arbitration was actually given. Why do host States give the kind of advance consent to international investment arbitration that they buid in to…
…purpose of the work was to assess criteria, mechanisms and remedies applied in the various legal systems (including international courts and arbitration) to ensure the adjudicator’s independence and impartiality. As…
…1782 discovery in support of international arbitration, limited the preferential treatment given to arbitration over litigation, protected the right to individualized arbitration, and limited the role of federal courts in…
2022 was a year of change and action with important developments in investment arbitration in Latin America. The region continues to top the ICSID investment arbitration caseload, accounting for 28%…
…Arbitration Day 2022 covered numerous interesting and highly topical subjects in the field of arbitration, from the practical, such as how to build a case, methods for probability assessments, tribunal…
