…HKIAC Administered Arbitration Rules next year. Similar to the previous Rules revision, there will be a Rules Revision Committee and a lot of interaction and consultation with the community. We…
…yardstick in view of party autonomy when interpreting consent requirements for joinder under the London Court of International Arbitration Rules 2014. A closer comparative analysis of the procedural rules of…
…(“New York Convention”). If an arbitral award is recognized under the New York Convention, the prevailing party must submit the original arbitral award and arbitration agreement to the Korean court.2)Article…
…civil court has directly approved a shift in the jurisprudence of the Paris Court of Appeal that might have important implications for France as a place of arbitration. This post…
…Insufficient Progress in Negotiating New BITs The first key concern expressed by the PCEA was the insufficient progress made by India in negotiating new BITs after the adoption of its…
…is no such thing as a pattern of confidentiality obligations under Brazilian arbitration institutions’ rules. As an example, the ICC Arbitration Rules do not address this issue, unlike the CAM-CCBC…
…to fit a square through a round hole, the legal practice of transactional law in Brazil has incorporated legal concepts that are as foreign to the Brazilian legal system as…
…Arbitrators panels’ major themes was “Arbitration and ESG: the impacts on arbitration of climate litigation, human rights and new corporate governance”. Zora Lyra (Counsel, World Bank) moderated the discussions conducted…
…Part III (including fair and equitable treatment, expropriation, and transfers related to investments) and arbitration provisions in Part V (including new language on transparency and new articles on frivolous claims,…
…the CIETAC Arbitration Rules and the Austrian arbitration law in connection with document production, additional rounds of written submissions/late submissions of new facts and evidence, and cross- examinations including witness…
…legal regime: see discussion here. The modernised text deletes separate reference to unreasonable and discriminatory conduct and wraps it into the definition of FET. It takes a leaf from the…
…“pro-arbitration” jurisdiction by scrutinising the Arbitration Act 2005 (“the Act”), as amended in 2018. Ms Ng kickstarted the panel discussion by highlighting the pillars of the arbitration framework in Malaysia,…
…protocols, and other specialized IHL-related legal instruments. When discussing investor-state arbitration, he highlighted the specialized regimes that were introduced in the form of international treaties containing foreign investment protections such…
…of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and the provisions of the (Slovakian) Arbitration Proceedings Act; no separate decision…
…resolved through arbitration in a near future, (ii) adapted rules and procedures for this type of claim (related coverage here), and (iii) a growing number of specialized arbitration practitioners. On…
…Arbitration Rules and reflect on how LCAM has developed as an arbitration institution in the last two years. New Arbitration Rules The new Arbitration Rules are for the most…
The theme of this year’s sold out 17th ICC New York Conference on International Arbitration was “Building Resilience”, and resilience was on full display as the North America arbitration community…
…Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration at p. 38. After the statement of defense, the tribunal delivers an…
…the facilitator/conductor argument on arbitration is that if someone not involved in arbitration provides funds to or for a sanctioned party involved in the arbitration process (e.g., third-party funders), a…
…Article 10.20.4 of the USPTPA establishes that no claim may be submitted to arbitration unless “the notice of arbitration is accompanied […] by the claimant’s written waiver […] of any…
The first Colombian Arbitration Week was launched last week in Bogotá. The closing event comprised a panel discussing new challenges and perspectives of arbitration in Colombia. The discussion was moderated…
…other issues, the constitutionalization of arbitration and the impact of new governments in the region on arbitration matters. Constitutionalization of arbitration and the existence of a dualist or monist…
…nationalized the services of pension administration through statutory provisions contained in the Bolivian Constitution of 2009 and the Pension Law of 2010 (“Pension Law”). These provisions established that pensions management…
…current processes are well-equipped to deal with them. Both Lee and Rekha Rangachari (New York International Arbitration Center) further discussed on-chain vs. off-chain arbitration processes and whether the former could…
