…Centre, the BVI International Arbitration Centre, and Barbados’ Arbitration and Mediation Court of the Caribbean This is consistent with the arbitral communities’ focus on promoting arbitration in the Caribbean, including…
…2023. The new ACIC arbitration rules (“New Rules“), which came into effect in May 2023, replace the previous 2007 edition (“2007 Rules”). The New Rules are the result of an…
…communications. For the arbitration community, decisions like this one may have implications for the satisfaction of writing requirements for arbitration agreements. The formal validity of an arbitration agreement is a…
…shared some reflections on the relevance of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to defining arbitration agreements. She discussed the possible extension of arbitration agreements to…
…of this type. Aratirí then applied for a concession under this new law in 2013, but the legal deadline to execute the concession agreement expired in 2015 without an agreement,…
…method is through the New York Convention. Since the New York Convention is a treaty, it should be noted that international law has a direct effect in Dutch law (Article…
…cases, this is not necessary. Among the many advantages of arbitration is the general likelihood that losing parties in most cases will voluntarily comply with arbitration awards. That being said,…
…IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode, Dr Esmé Shirlow, Associate Editor…
…Rules as Default Rules The National Code recognizes that references to arbitration rules in an arbitration agreement incorporate all the rules to the arbitration agreement (see Article 536). Absent an…
…an overview. Conditions Precedent The respondent filed for the annulment of an award rendered in an arbitration governed by the Dubai International Arbitration Centre (“DIAC”) Rules raising three grounds, all…
…provided that the MFN clause does not apply to dispute resolution provisions. For example, Article 4(3)(c) of the Uzbekistan-Türkiye BIT (2017) provides: “[t]he most-favored nation treatment provisions of this Agreement…
…elucidate the test for waiver of immunity generally following on from decisions of other apex courts and of the International Court of Justice; and 2) apply that test in the…
…can also be evidenced by the express incorporation of TPF in numerous institutional arbitration rules such as the 2021 ICC Arbitration Rules, 2017 SIAC Investment Arbitration Rules, 2018 HKIAC Administered…
…Terms”) mandated that any disputes be resolved through Judicial Arbitration and Mediation Services (“JAMS”) arbitration, seated in San Francisco. After incurring losses exceeding £600,000 on the platform, Mr Chechetkin sought…
…participate in the arbitration or eliminating the legal status and legality of a plaintiff’s standing to sue and to participate in the arbitration in accordance with law. The parties to…
…refused the grant. According to the Attorney General’s Department, Zeph filed a Notice of Arbitration under Chapter 11 of the ASEAN-Australia-New Zealand Free Trade Agreement (“AANZFTA”) on 29 May 2023,…
…and Another v Railtel Corporation of India Ltd (“Margo”), reiterated the conflict in the existing legal position and the need for finality on this issue. The Kluwer Arbitration Blog has…
…arbitration. As arbitration agreements hardly ever provide for public hearings, the finding of a lack of actual freedom of choice has the de facto effect of rendering the arbitration agreement…
Investment treaty arbitration tribunals have addressed issues surrounding State intervention and States’ regulatory freedom time and time again, consequently creating guiding precedent regarding State conduct that could constitute breaches of…
…workshop discussed how international arbitration gives effect to the legal rights of parties through granting them different remedies. During the workshop, eminent arbitrators, in-house counsel, and arbitration practitioners analyzed the…
For years, Albania did not have a self-standing arbitration law or even any legislative provisions specifically on arbitration. Until 2013, the Albanian Civil Procedure Code did contain some provisions on…
…Patent Mediation and Arbitration Centre for Europe With the Unitary Patent (UP) and Unified Patent Court, some Member States of the European Union are creating a new system that reaches…
…their own interests” and that “the broken ISDS system has time and time again worked in favor of big business interests.” This criticism against ISDS is not new. ISDS has…
…not only the VIAC’s Rules of Arbitration (2017) (“VIAC Rules”), but also Vietnam’s arbitration-related legislation. He also regularly lectures on commercial arbitration and sits as an arbitrator in both international…
