…other Contracting Parties to minimize future investment disputes by Turkish investors. Investor-State Arbitration As ICSID is the “go to” institution for investor-State arbitration, ICSID is a fixture in Türkiye’s…
…underlying arbitration (as covered in this blog post). The Commercial Court cited the High Court’s judgment (see [114]-[116]), finding it “persuasive” and considering it to provide “separate free-standing support” for…
…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…
…Arbitration (the “LCA”) that, in addition, have been published on the SPC’s electronic portal.1)Court decisions setting aside arbitration awards are final and non-appealable (Article 71 of the LCA), but the…
…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,…
…to suggest timely reforms in arbitration laws. The lawful and valid appointment of the arbitral tribunal forms the cornerstone of the commencement of arbitration proceedings. Another post previously and also…
…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…
…of arbitration agreements, which requires that arbitration agreements be interpreted in accordance with the parties’ ultimate objective of having their dispute resolved through arbitration. This uncommon provision seemingly calls for…
…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…
In May 2023, more than thirty members of the U.S. Congress sent a letter to the Biden administration, arguing that “[l]arge corporations have weaponized [investor-state dispute settlement (ISDS)] to benefit…
…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…
…is an instrument still unknown under Italian arbitration law, despite the arbitration rules of the main Italian arbitration institution – i.e., the Milan Arbitration Chamber – do envisage it. In…
…Center (SMC) for three years. Mr. Ban, thank you for joining us on the Kluwer Arbitration Blog! We are happy to have this opportunity to share your story and…
…The Law of the Arbitration Agreement: Who Wants to Know and for What Legitimate Purpose?’ Common law cases and commentators have debated whether the law of an autonomous arbitration agreement…
…Korea (see para. 554). In 2012, these SPEs initiated arbitration proceedings against the Republic of Korea under the 1976 BIT before an ICSID Tribunal. The Claimants primarily contested in arbitration…
…It arises out of the Luxembourgish and Dutch claimants’ successful ICSID arbitration against Spain under the Energy Charter Treaty (“ECT”), in which the tribunal held that Spain had violated the…
…the three DSU provisions on arbitration, Article 25 is the only provision that enables WTO Members to use arbitration as an independent means of dispute settlement (by contrast, arbitration under…
…arbitration. Render unto Caesar Although not ground-breaking, the Zamin case resurfaces the debate on jurisdiction in cases where judicial reorganization and arbitration proceedings run in parallel. While the reorganization…
…Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction. This extends to the question…
…have been delegated. Underlying Context In an ICC arbitration, the parties had consented to the appointment of the secretary, who undertook, together with the tribunal, to comply with the…
…on Arbitration and ADR) commenced. Mr. João Bosco Lee (Founding Partner, JBLEE Advogados) inquired about the transformations witnessed in arbitration since the enactment of the BAA. Mr. Damião stated that…
