ICSID Annual Report 2022: Same Old but Different?
…Asia”. This means that without a much deeper dive into the statistics, it is difficult to say what the impact the EU’s decision in banning intra-EU arbitration has had on…
Search Results for: efficient arbitration
Multilateral Investment Court, Multilateral Investment Treaties, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series
The Proposed Multilateral Instrument on ISDS Reform(MIIR): An Update after the Conclusion of the 43rd Session of UNCITRAL Working Group III
…as certain reform elements may be better implemented through means other than a multinational instrument, for example through “arbitration rules, guidance texts or model clauses” (¶ 70). Accordingly, it may…
International Law Weekend, Investment Arbitration, Investment Disputes, ISDS Reform, Regime Interaction, Regime Interaction in Investment Arbitration, VCLT
International Law Weekend 2022: Interactions between Investment Law and the Vienna Convention on the Law of Treaties (“VCLT”)
…of the VCLT to international law and investor-State arbitration. The Continued Role of the VCLT in Investor-State Arbitration While in recent years, investment treaty drafters have sought to create…
Domain Names, Financial Industry, Financial Services Arbitration, International Law Weekend, Technology, technology industry
International Law Weekend 2022: Accountability for Global Regulatory Bodies
…new top level domain names. The IRP provides for dispute resolution through international arbitration based on the ICDR International Arbitration Rules, supplemented by Interim Supplementary Procedures. Sabater, who has acted…
When Not to Enforce: Status of Enforcing Foreign Emergency Awards in Singapore
On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH….
Turkmenistan Accedes to the New York Convention
…country’s Soviet era and discusses the possible impact that Turkmenistan’s accession to the Convention will have for arbitration in the country. Commercial Arbitration in Turkmenistan Employing international arbitration as…
New York Arbitration Week 2022 Redux: Who’s in Charge? — The Post-Pandemic Meaning of “Public Interest” in Interim Applications
…New York Arbitration Week 2022. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here. References[+] References ↑1 See, e.g., American Arbitration Association, Commercial Rules and…
Code of Conduct, conflict of interest, Disclosure, ICC Arbitration, ICDR, ICSID, New York Arbitration Week
New York Arbitration Week 2022 Redux: Who’s in Charge? — 37th AAA-ICDR/ICC/ICSID Joint Colloquium on International Arbitration
…on issues of legitimacy in investor-state arbitration), and perhaps more voices from the international arbitration bar. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here….
Ukrainian Supreme Court Corrects Deficiencies in the Enforcement of ICSID Awards
…Arbitration” (the “ICA Law”). They provide for identical grounds for refusal of enforcement of arbitral awards to the ones set out in the New York Convention. The ICSID Convention, however,…
International Investment Law, International Law, International tribunals, Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, VCLT, VCLT Jubilee
The Mutually Reinforcing Relationship between the VCLT & ISDS: A Roundtable hosted by the Permanent Court of Arbitration
In the last two decades, the Permanent Court of Arbitration’s (PCA) overall docket has seen a rapid growth in mixed arbitrations between States and private parties. Today, over 180 arbitrations…
2022 Taipei International Conference: Past, Present and Future of International Dispute Resolution – Part 1
The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted the annual Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration…
2022 Taipei International Conference: Past, Present and Future of International Dispute Resolution – Part 2
The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted this year’s Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration…
Berlin Dispute Resolution Days 2022: Disputes in an Age of Uncertainty – Managing the Energy Transition
…that document production is an essential element of justice, enabling both parties to access the same case-relevant materials. Furthermore, both pre-arbitration and post-arbitration, parties are aware that documents may come…
Berlin Dispute Resolution Days 2022: ESG – Dawn of A New Era of Disputes in International Arbitration?
…concerning: the role of ESG principles in international arbitration, ESG as an often-discussed topic, arbitration and the environment, arbitration and business & human rights, and fraud and corruption in arbitration….
Should I Arbitrate My Patent Dispute?
As noted in GAR’s Guide to IP Arbitration, “one of the noticeable trends in international arbitration in the past several years has been the growing use of arbitration to resolve…
The Art of Advocacy: Storytelling from Socrates’ Athens
…Advocacy in Investment Arbitration (“Workshop”) held in July 2022 in Athens, the Hellenic Republic, as part of a Summer Law School in Investment Arbitration organized by the European Law Students’…
Expeditious Dispensation of Justice: ADR The Way Forward? – Perspectives from Pakistan
…without permanent partners. The costs fallacy, that ADR and arbitration increase the overall cost for dispensation of justice. The arbitration law reform fallacy, that the status of the arbitration law…
How States Comply with Investment Treaty Arbitration Awards: Insights from a 2022 Report on Compliance
…well as behind paywalls). The research compiled the known investment treaty arbitration disputes regarding the top twenty countries which have faced most of such disputes. Subsequently, the research collected available…
Arbitrating Small Value Claims in Investment Arbitration
…encouraged to engage in pre-arbitration settlement negotiations or mediations to either avoid the arbitration altogether or streamline the process and narrow down the disputed issues. At the arbitration phase, parties…
Mexico’s New Energy Sovereignty Puts the USMCA Dispute Resolution Mechanisms to a Test
…and Prize initiated an ICSID arbitration under the USMCA against Mexico for a breach of contract by PEMEX on three oilfield service contracts; Terrance Highlands filed an investment claim under…
The Contents of the Yearbook Commercial Arbitration, Volume XLVII (2022), Upload 4
Subscribers to KluwerArbitration enjoy access to the ICCA Yearbook Commercial Arbitration. A new upload of materials from the 2022 volume of the Yearbook Commercial Arbitration is now available on the…
Applicable Tests For Arbitrator Bias: Recent Practice In Select Common Law Jurisdictions
…bias in international arbitration: the less stringent “reasonable apprehension of bias” test, which poses the question as to “whether the fair-minded and informed observer, having considered the facts, would conclude…
Highlights from CanArb Week 2022: The 2022 ICC Canada Conference – The New World
…gathered Canadians and other international arbitration practitioners from around the world, including in-house counsel and leading international arbitrators, to share practical insights on key issues in international arbitration. The conference…
Highlights from CanArb Week 2022: Review of Cross-Canada Jurisprudential Trends and Curiosities
…of the arbitration agreement, but also on particularities of the Arbitration Acts of Alberta and Ontario. While the panelist would not suggest addressing arbitrator resignations in the arbitration agreement itself,…