…during President Joseph Biden’s administration, establishes the legal framework for the future creation of the Fund by the United States International Development Finance Corporation (“DFC”) and the Ukrainian Agency on…
…endeavors to show the cornerstones of the new arbitration procedure as well as to highlight some possible weak points of this reform. Lost Art Arbitration – The Next Step…
…Venezuela. Commissions Import Export SA v. Republic of the Congo, et al. In April 2019, Global Witness and The New York Times reported that Claudia Sassou-Nguesso, the daughter of…
In investment arbitration, it is widely recognized that to benefit from the protection of an investment treaty, the investment must be legal. Tribunals assess this legality either because the treaty…
…was created to conduct SADC arbitrations. AFSA Arbitration Framework and Judicial Attitude Towards Arbitration in South Africa To further enhance its position as a regional arbitration hub, in 2017,…
…specialization in arbitration, the new wording would guide courts to perform only a prima facie review of arbitration agreements before referring disputes to arbitration. The Bad – Extension of…
…of awards. Nonetheless, recent changes in various international arbitration rules requiring disclosure of certain finance arrangements may change this. Looking at Arbitration through the Eyes of a Funder After…
…mired in inefficiency and delay. Kompetenz-Kompetenz thus helps preserve arbitration’s comparative advantages: speed, confidentiality and finality. The doctrine also supports arbitration’s self-contained legal framework. Arbitral tribunals derive their authority from…
…defining the term: the Arbitration Act, 1940 (“the 1940 Act”), Pakistan’s domestic arbitration law which is still in force, is silent about the definition of the term public policy. The…
…instability, economic volatility, currency fluctuations, expropriation threats, and weaknesses in the legal and regulatory framework. Each of these risk components can, in principle, be separately estimated, and their individual effects…
…the EU’s sanctions against Russia and the one of the U.K.’s sanctions against Russia since February 2022), contributing to a proliferation of arbitration proceedings between Russian entities and their contractual…
…International Arbitration Rules in 2021, based on the 2014 LCIA Arbitration Rules. These rules were drafted by an expert panel, including Maxi Scherer, Lise Bosman and Ndanga Kamau, ensuring alignment…
…Arbitration Centre (MIAC), Kigali International Arbitration Centre (KIAC), and Lagos Court of Arbitration are some of the leading arbitration centres on the continent. They had a significant role and place…
…references a reported presumption of formal and substantive validity for the arbitration clause under the 1958 New York Convention and the Spanish Arbitration Act. The scope of arbitration agreements was…
…realm of commercial disputes, a similar incursion has taken place for some time between two competing legal regimes — arbitration and insolvency. In the recent case of Sapura Fabrication Sdn…
…parties and the SIAC. Background On 24 June 2024, the Defendant filed a notice of arbitration (“NOA”) against the Claimant under the Singapore International Arbitration Centre Rules 2016 (“SIAC…
…balancing as data protection laws apply to individuals and entities involved in arbitration proceedings, which may fall under different data protection laws or none, resulting in different rules and obligations…
…Arbitration Act). For instance, the Tanzanian Act permits a party to apply to the arbitration centre to remove an arbitrator on grounds of refusal or failure to conduct the proceedings…
…domestic awards. The Legal Vacuum Created Under the Arbitration Law Indonesia is not a Model Law jurisdiction. Whilst the Arbitration Law contains a generally similar philosophy and some similar…
On 19 February 2025, a panel of arbitration experts gathered in New York to explore how emerging technologies—particularly artificial intelligence (“AI”)—are reshaping international arbitration. The discussion, titled “From Today to…
…new projects to Malian investors, an increase from the previous 20% requirement. The new code also increases royalty taxes to 10.5% from about 6% and specifically regulates “strategic minerals” like…
…international arbitration and their commitment to upholding the arbitration agreements. Allowing a distinct legal framework for the arbitration clause respects the parties’ intent and autonomy, ensuring that disputes are managed…
…treaty arbitration under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China concerning the Promotion…
…arbitration did not violate the rule that a court’s jurisdiction could not be enlarged or created by issue estoppel. Issue estoppel was simply a convenient label for the legal principle…
