…the context of international commercial arbitration. More importantly, the Indian legal regime is navigating uncertain terrains pertaining to the permissibility of foreign arbitration practitioners in India, that makes the viability…
…difference of whatever nature arising under, out of or in connection with this Agreement” shall be referred to arbitration (the “Arbitration Agreement”). The Appellant failed to repay the loan. The…
…semiconductors, quantum technologies, and AI. As social network platforms and other tech companies grow, so will the risks of new restrictions. As countries quickly alter regulatory frameworks, new measures may…
…agreement, which is then outside the reach of the pro-arbitration policy. Additionally, setting such a threshold on a disputed debt is not “anti-arbitration” as it neither impedes arbitration by securing…
…the OAB/SP Mediation, Conciliation and Arbitration Chamber and that he had more than 25 years of experience in arbitration, including in rendering awards in the area. The decision pointed out…
…expanded tremendously. Despite several new resources, however, such information remains partial, fragmented, and not equally available. The most elusive information is paradoxically the most potentially valuable information: details about arbitrators’…
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…
…an international arbitration under the ICSID Arbitration Rules, so Panamanian law did not apply. After a review of all the facts and evidence, the Tribunal concluded that LARAH held a…
While Pakistan is heading towards promulgating a new arbitration law, developments continue to take place under the extant Arbitration Act, 1940 (“the Act”). Section 34 is one of the most…
…Vavilov has nothing to do with commercial arbitration, and even less to do with international commercial arbitration. In fact, Vavilov makes no mention of arbitration or of the Supreme Court’s…
…clarified that tribunals must apply the MST and no other standard. In a recent 2023 survey (“‘Fair’ and ‘Equitable’ Treatment Provisions in Investment Treaties; A Large-Sample Survey of Treaty Provisions”)…
…the award as it had not affected the outcome of the arbitration. The case concerned a contract dispute between two travel companies. The claimant had argued two alternative legal grounds…
…Commercial Arbitration (the “Dominican Arbitration Law”), which incorporate the principle of kompetenz-kompetenz to the Dominican legal system. The Supreme Court also determined that the responding party must invoke the arbitration…
…QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). This is an important judgment because it is the first Court judgment commenting on the setting aside of an award in arbitrations seated…
…increasingly involved in high-value contractual disputes with other public sector companies. These contracts often have LCIA arbitration clauses, and over 84% of LCIA-administered arbitrations are seated in England. High Court’s…
…by EU investors against EU Member States under the ICSID Rules. Since 2009, the Commission has contended that the ECT was never meant to apply between EU Member States and…
…condition precedent for the validity of an arbitration agreement, or for its operation and effectiveness? If “referral” to arbitration is interpreted to mean the conclusion of an arbitration agreement or…
…Salomon also highlighted the new ICC Commission Guide on Disability Inclusion in International Arbitration and ADRMs. Salomon noted that people are at the core of all business decisions and that…
The fifth edition of the Bucharest Arbitration Days (“BArD”) took place on 6 and 7 June 2024. It set out to highlight recent critical developments in international arbitration. The first…
…Arbitration Centre, Vienna International Arbitration Centre, and others to jointly promote the use of arbitration. Hosting the inaugural Uzbek Arbitration Week in 2021, and then followed with its 2022 and…
…intra-EU arbitration award (2 O 447/22). Legal Issues The decision on the anti-enforcement injunction addressed crucial legal issues, outlined below. German Regional Court Has International Jurisdiction The LG…
While refusing to interfere with an award under Section 68 of the English Arbitration Act, Justice Teare pithily quipped that “by choosing to resolve disputes by arbitration the parties clothe…
…hoc tribunal was constituted, which decided that the arbitration would be conducted under the UNCITRAL Arbitration Rules, the imperative rules of the seat of arbitration, and those rules established by…
…and/or overlap with other existing institutions relevant to investment law and arbitration, namely the International Centre for the Settlement of Investment disputes (“ICSID”) and the Permanent Court of Arbitration (“PCA”)….
