Arbitration Tech Toolbox: Deepfakes and the Decline of Trust
…or audio clip could portray a party confessing guilt, making false statements, or engaging in other forms of misconduct – such as the one in the Lago Agrio arbitration. For…
…or audio clip could portray a party confessing guilt, making false statements, or engaging in other forms of misconduct – such as the one in the Lago Agrio arbitration. For…
…similar dual character. I. Legislative History, Legal Structure and Financing of the Centre The Istanbul Arbitration Centre, a recent addition to the existing arbitration institutions in Türkiye, commenced its…
The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes (see, for example, Global…
…Young Park (Park Arbitration Chambers) emphasized the practicable significance of choosing a stable seat as well as proper arbitration rules and governing laws. He further highlighted the differences in contract…
…These sessions were followed by two panel discussions on the next generation of disputes in international arbitration and the draft 7th Edition of the SIAC Rules (“Draft SIAC Rules”) in…
…of the Arbitration Law of the PRC. In the re-arbitration, the Claimant, for the first time, raised a new challenge over the validity of the arbitration agreement in the Shenzhen…
Efforts to promote diversity in arbitration continue to garner awareness and support from arbitral institutions, legal practitioners, experts, and the arbitration community in general (see e.g., here and here). Unconscious…
…that for awards and arbitration agreements in the metaverse, issues arise on the applicability of the New York Convention (NYC), substantive validity of arbitration agreements, the writing requirement and due…
…the New York Convention and embodies the structure and principles of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law”).6)Government of Timor-Leste, Voluntary Arbitration Legal Regime overall…
…§1, of the Brazilian Arbitration Act (see Law No. 13.129/2015 – Brazilian Arbitration Law – “BAL”, Art. 24, §1:“When there are several arbitrators, the decision will be taken by majority…
On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von…
…and the new Arbitration Act entered into force, the lawmaker introduced special provisions for litigations and arbitrations started on the basis of a PCEB opinion. Several rules were introduced in…
It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an…
…applicable, the arbitration regimes in other notable jurisdictions, including the UK. Judicial Respect for Arbitration Agreements The Act strengthens judicial respect for arbitration agreements by introducing provisions that allow a…
…with pre-arbitral contractual provisions after the commencement of the arbitration, hence turning them into conditions subsequent. Constituting ordinary contractual provisions under UAE law, conditions precedent must be complied with in…
…enforcement jurisdictions’ legal nuances should inform the arbitration agreement drafting. Parties could incorporate a choice-of-law clause specifying that the arbitration agreement, and any dispute arising from it, be governed by…
…arbitration board and non-existent rules was ‘pathological’ in a way that it was apparent, as referred to in section 17(1) of the FAA, that there were no legal grounds to…
…selecting arbitration as the dispute resolution mechanism for such contracts. Carbon disputes often deal with commercially sensitive information or matters concerning national security. The ability for arbitration to maintain confidentiality…
…Regulation applies, notwithstanding the provisions of Article X.39 Code of Economic Law, cannot override the foreign law chosen by the parties to apply the aforementioned Belgian provisions. It also follows…
…and participated in its representation in this arbitration. Alberto Madero was Head of Arbitration and Estefanía Contreras a lawyer in the Arbitration Group. The views expressed herein are those of…
…law in the IBA Rules on Taking Evidence or the similar CIETAC Guidelines on Evidence or (ii) under the Arbitration Rules of the International Center for Dispute Resolution of the…
…to guide the lower courts to properly apply the grounds for non-recognition and enforcement. It ensures consistent judicial practices that uphold the New York Convention and foster a more arbitration-friendly…
…commitment to upholding the New York Convention and building an arbitration-friendly judicial environment. Part I presents statistics for recognition and enforcement rates, the geographical distribution of applicants, the amount claimed,…
…which is only allowed under very narrow circumstances. Petroecuardor argued that: (i) the dispute was not covered by the arbitration agreement because the Arbitral Tribunal (a) imposed joint arbitration by…