…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…
…of the larger hotel. So, starting a new facility with a small number of rooms will create a challenging situation. “Go big or go home” really does apply in this…
…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…
…was conducted under the UNCITRAL Arbitration Rules and involved a contractual dispute between Chevron Australia Pty Ltd (“Chevron”) and a joint venture between CBI Constructors Pty Ltd and Kent Projects…
…an annulment submitted by the claimant in an ICC arbitration (discussed in De Ly, Rules and Case Law on Tribunal Secretaries). The claimant alleged that the arbitrators had not devoted…
…the functioning of the ICC Court and its Secretariat, highlighting the key innovations in the ICC Court and the ICC Arbitration Rules (“ICC Rules”). Mr. Gustavo Scheffer da Silveira (Partner,…
…Defendants at Café Focaccia on 1st Avenue in New York City, Mera had signed a contract including a broadly-worded arbitration agreement (“Arbitration Agreement” or “Agreement”) governed by the Federal Arbitration…
…overcome them. One such barrier is linguistic discrimination and how the current use and perception of languages, even accents, in arbitration can create professional obstacles for representatives of diverse backgrounds….
…SIAC (SIAC Rules 2016, Rule 39.1); (2) HKIAC (2018 HKIAC Administered Rules, Article 45.4); and (3) LCIA (LCIA Arbitration Rules 2020, Article 30.2). This may become material when the seat…
…intended to apply to arbitration proceedings. The Code contains a specific subset of rules in relation to arbitration (Part Six), as reminded by the supreme court. These rules are based…
…alleged that the insurer should have submitted its claims to arbitral jurisdiction due to the arbitration clause mentioned above, alleging that “the insurer was fully aware of the arbitration clause…
…And, if so, does arbitration have a uniform legal frame? Arbitration enjoys a large (though not unlimited) autonomy from national procedural law and is said to be detached from domestic…
…am contemplating starting a new course on ‘Investment Arbitration and Non-Investment Concerns’, which will build on the knowledge imparted in the IIA course. Diversity Challenge I undertook my LLM…
…by arbitral tribunals, the relationship between the judiciary and arbitration in Mexico, ESG considerations in arbitration, investment arbitration in Latin America, amici curiae in arbitral proceedings, diversity in arbitration, and…
From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators…
…post aims to critically analyze the current position of law around Section 31(3) of the Act. Legal Background The Indian arbitration jurisprudence did not always contain a requirement for…
…available remedies and how to action them. For example, under some IIA, pursuing local remedies will preclude international arbitration. Hire specialized legal advice to avoid unfavorable outcomes, especially regarding concession…
…HCMC Court held that the arbitration clause did neither specify a form of arbitration (i.e., ad hoc or institutional arbitration) nor which arbitration institution should administer the arbitration. Therefore, it…
…current institutional rules nor the 2020 IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) restrict the use of XR per se. Generally, under national arbitration legislation…
…ECT arbitration proceedings against various EU Member States including Spain, Italy, and Czech Republic in the mid-2010s, the European Commission started voicing its dissatisfaction with the ECT and calling for…
