…representatives in an arbitration have the legal authority not only to conclude an arbitration agreement but also to carry out their representative functions during arbitral proceedings. Most arbitration rules, including…
…or UNCITRAL Rules), and several investor-state arbitration tribunals have had the opportunity to interpret and apply their provisions. We provide below an overview of Israel’s IIA program. Overview of…
…During this phase, German courts have the authority to determine an arbitration’s admissibility (Zulässigkeit). Should the court declare the arbitration inadmissible, any subsequent recognition and enforcement is bound to be…
…at hand, CAM’s rules are silent on how to resolve the deadlock created between the arbitration tribunals that have rendered irreconcilable decisions in arbitration proceedings that have partially identical claims…
…would be recourse to arbitration under the rules of the Dubai International Arbitration Center “without prejudice to the jurisdiction of Dubai Courts.” (دون الاخلال باختصاص محاكم دبي). The CFI rejected…
…EU proposed adjusted language for multiple provisions that should apply to judges or exclude them from the scope of specific provisions altogether. The EU has consistently infused considerations of different…
…party to the arbitration agreement or the arbitration, no award could (or was), issued against it. Moreover, though the SIAC Arbitration Rules contained provisions for joinder, SBS Holdings made no…
…mission is to facilitate debate and promote best practice in international arbitration. However, EDAC has its own arbitration rules. The most important feature that distinguishes EDAC from other arbitration centers…
…on International Commercial Arbitration (the “Model Law”). The 2023 Law’s key novel features, summarized below, primarily concern (i) the scope and validity of the arbitration agreement, (ii) the constitution and…
…New York Convention, as such procedure does not fall within the framework of the New York Convention. In other words, the New York Convention does not seem to leave room…
…This controversial action was preceded by the anti-arbitration bill (previously discussed here) . The anti-arbitration bill aimed to establish new and unorthodox requirements for arbitrations, affecting aspects such as the…
…arbitration or litigation. Preparing expert witnesses for examination Unlike most fact witnesses in international arbitration, experts are often permitted or affirmatively asked by the arbitral tribunal to deliver a short…
As most other arbitration laws, section 86(3)(b) of the British Virgin Islands (“BVI”) Arbitration Act 2013 provides that enforcement of arbitration awards may be refused where “it would be contrary…
…and many other lovers of international law and investment arbitration. The international arbitration student societies of GW, Georgetown University, and George Mason University contributed to the organization of this event,…
… Building New Energy Infrastructure while Deploying New Technologies: A Recipe for Disputes The ambitious needs and goals to reduce current dependency on carbon-emitting energy sources require even more ambitious…
…any appointment as arbitrator, legal representative or expert witness by a disputing party in the past five years. Any prospective concurrent appointment as a legal representative or an expert witness…
Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of…
…Disputes and Arbitration. Chloe Carswell stated that the international energy industries are the largest users of international arbitration and that energy disputes are dominating caseloads of the main arbitration centres….
…paradox can be summarised as follows: on the one hand, the SCA decided that non-arbitrability rules of a foreign law governing the arbitration agreement would apply to determine arbitrability at…
…that preferable to costly legal advice—the traditional antecedent to the commencement of legal proceedings. Nevertheless, the majority agreed that AI holds great potential and possibilities for the legal sector. Possible…
…just their nationality. Both teams were coached and guided by the comprehensive institutionalized training regimen offered by the Moot Court Bench (MCB), a fully-integrated, not-for-profit, legal advocacy training platform run…
…parties will weigh commercially- putting off payment of stamp duty against making upfront payment and opting for arbitration. Prior decisions on the validity of arbitration agreements in unstamped agreements…
…to secure overpayment through a shared success fee and had refused to provide the arbitration file to his new counsel. Counsel “deny all allegations of wrongdoing and intend to aggressively…
…arbitration under the 2021 International Chamber of Commerce Arbitration Rules (“ICC Rules”), where the threshold is currently USD 3 million. The Expedited Procedure Rules under the 2023 Rules can also…
