…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….
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…
…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’…
…the dispute. Justice Aurangzeb also identified the challenges for ADR and arbitration as reflected in Pakistan’s legal system itself. The Arbitration Act 1940 (“1940 Act”), as applicable in Pakistan, is…
…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…
…agree on streamlined written submissions, among others. Arbitral rules also provide for expedited rules or fast-track procedures, if agreed between the parties, including the ICSID Expedited Arbitration Rules, or automatic…
…by the government under the new energy policies but rather involve discriminatory or unlawful actions taken by the state-owned enterprises and Ministries against private companies under the 2013 energy legislation….
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…
…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…
…affiliated with ICSID – effectively creating a new regime for disputes administered by ICSID, new provisions aimed at reducing time and cost, and provisions on transparency and conflict of interest,…
…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,…
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 in the…
…Section 44 (Court Powers Supporting Arbitral Proceedings) Emergency arbitration is a new phenomenon which post-dates the Act. The Paper provisionally concludes that the provisions which apply to arbitrators should not…
…“Emergency Provisions” in Contracts and IIAs Ms. El Harti Alonso addressed “emergency provisions,” a concept that encompasses several different kinds of specific clauses that may be found in commercial contracts…
…disputes administered under the previous ICSID Arbitration Rules would have been conducted more efficiently. The potential shortcomings of the new rules will become apparent when arbitrators apply them in practice….
…importantly, the new Sierra Leone Arbitration Act establishes the first Sierra Centre for International Arbitration with its own rules. Further, Dr. Okubote elaborated on the AfCFTA and its forthcoming Protocol…
…discussed during the negotiations of the ISDS provisions in the ECT. In particular, he noted that the provisions related to frivolous claims and third-party funding obligations were inspired by the…
…States, as established in recent treaties, and it was suggested that treaties could include a reference to the Hague Rules on Business and Human Rights Arbitration. The discussion then turned…
…of Economy and the rest of the agencies will apply the Act. It is possible, although not the correct legal mechanism, that the regulation will establish what the benefits for…
…not bound by the pleadings made by the parties, and may on its own motion apply legal sources or legal qualifications that have not been pleaded by the parties. …
…presumption of the arbitration agreement’s separability. Although this presumption means that the choice of law of the main contract would not automatically apply to the arbitration agreement given their independence…
On the second day of the 11th Asia-Pacific ADR Virtual Conference, the KCAB, the South Korean Ministry of Justice, the ICC Court of Arbitration and UNCITRAL hosted a panel on…
…expedited arbitration rules that will potentially become globally accepted standards of efficiency. Taking a step further, he suggested that expedited arbitration could even become the default procedure in arbitration. Ms….
…promoting arbitration. Overall, the regional interest in arbitration is on the rise and the region’s dysfunctional and slow judicial systems tend to prove a ripe environment for arbitration to flourish….
