…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”)….
…2, 2023, the Claimant acted quickly and initiated a domain revocation arbitration proceeding as provided by the applicable Chilean law. The sole arbitrator ultimately granted the revocation on the basis…
…Shanghai-seated SIAC arbitration. The Shanghai Court also confirmed the validity of the arbitration agreement, rejecting the respondent’s contention that “‘arbitral institutions’ under Chinese Arbitration Law excludes foreign arbitral institutions.” In…
…the efficient, fair and economic disposal of the arbitration. Arbitral tribunals may also decide on such requests with reference to the same criteria. Future of Remote Hearings Looking ahead,…
…SFSC’s restraint in reviewing international arbitration awards on the merits, confirming its pro-arbitration stance, the SFSC’s handling of all three set-aside actions is a testament to the SFSC’s reliability, competence…
On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in…
…be subject to both commercial and investment arbitration. With significant public and private capital being funneled into CCUS and other energy transition-related technologies, it is perhaps unsurprising that arbitration institutions…
…from the ongoing discussions about EU’s reform plans of investment treaty law and arbitration. But the Commission’s investment law policy (and, for that matter, the CJEU’s decisions on investment arbitration)…
…initiate arbitration. In April 2012, before the tribunal, HMOD undertook not to demand payment under the LC “for as long as the [arbitration] procedure is going.” Notwithstanding this undertaking, on…
…of the ECT, several respondents have sought to invoke para (1) retrospectively, after an investor has initiated investment arbitration proceedings. This gives rise to a timing question (whether retrospective or…
…of an expert to opine on or inspect the specific AI systems (or related materials) at issue in the arbitration. Party-appointed experts are often a crucial element in arbitration, especially…
…subcontract was Pakistan law, the seat of arbitration was in Singapore. The 2011 Act repealed the Arbitration (Protocol and Convention) Act of 1937, thus adopting a territorial approach: the seat…
…the legal sphere, Legal Design transforms cumbersome legal processes into streamlined, user-centric experiences, offering a promising pathway to enhance arbitration proceedings. Issues Facing International Arbitration In international arbitration, language…
…and other geopolitical constraints have fundamentally altered the circumstances under which they originally consented to arbitration, ultimately questioning whether consent, the cornerstone of arbitration, remains valid and binding. Leonardo de…
…provision that regulates international arbitration in Ecuador. Other provisions regarding private-state international arbitration contained in Ecuador’s Constitution remain the same, such as Article 190, which recognizes arbitration as a dispute…
The Silicon Valley Arbitration and Mediation Center’s (SVAMC) Guidelines on the Use of Artificial Intelligence in Arbitration (“Guidelines”) strive to become the first set of rules governing artificial intelligence (“AI”)…
In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42), the Tribunal faced the challenge of distinguishing between a state’s sovereign…
On 6-7 March 2024, experienced practitioners in international arbitration and mining disputes gathered at the Shangri-La in Toronto for the 2nd ITA Conference on International Arbitration in the Mining Sector….
…a valid arbitration clause. The arbitrator considered that the alternative private dispute resolution mechanism referred to in the clause was very similar to arbitration and that the fact that the…
…a different Canadian miner, Silver Bull, filed a NAFTA legacy arbitration against Mexico. According to public information, the Canadian miner alleges that in 2019 a group of locals started occupying…
At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”)….
…arbitration, parties from different jurisdictions may have radically different expectations as to which documents are privileged and which are not. Moreover, in an international arbitration proceeding, where the documents, communications…
…instance, article 53 of the CRCICA 2024 Arbitration Rules and articles 75 to 78 of the WIPO Arbitration Rules extend the confidentiality to the existence of the arbitration, the information…
It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The newly minted FTA…
