…transactions exception applied. So did the arbitration exception, which covers cases where a State agrees in writing to submit a dispute to arbitration (section 9 of the SIA). Given that…
…of arbitration. According to the Supreme Court, Swedish law is applicable to an arbitration if the arbitration agreement states Sweden as the place of arbitration, even if the dispute is…
…arbitration. This post provides for a succinct overview of the new Andorran legal framework on arbitration and of the recently created arbitration institution, the Arbitral Tribunal of the Principality of…
…potential conflicts of interest—those between counsel and parties in international arbitration. Like arbitrator conflicts, counsel conflicts can directly hinder the integrity of the arbitral proceedings. However, unlike arbitrator conflicts, challenges…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
…the Funder and Arbitration Process The Serbian Arbitration Act is only applicable if the seat of arbitration is in Serbia, and it provides strict rules for costs of arbitration. Art….
…the beginning”. When it comes to international arbitration, the beginning is easy enough to discern from the notice of arbitration. Divining the end can be more difficult, especially if issues…
…agreement but perhaps even the seat of arbitration they choose. In 1915, the House of Lords in Dunlop Pneumatic Tyre v. New Garage & Motor Co. Ltd. (“Dunlop”), found that…
…between EU law and investment arbitration has been controversial. The modernized ECT proposes to address this fragmentation by expressly modifying the application of certain provisions of the ECT in relation…
The New York International Arbitration Center’s (“NYIAC”) annual Grand Central Forum took place on 13 July 2022. The event coincided with the 55th session of the United Nations Commission on…
…through investment arbitration. This increasingly poses the question whether litigation, which was once the alternative to avoid which arbitration was established for, becomes an inescapable route to redress. The arbitration…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The second upload of materials for the 2022 volume of ICCA’s Yearbook Commercial Arbitration is now available on the…
This question of first impression under the United States-Mexico-Canada Agreement (USMCA) has been brought to the fore with the spring 2022 publication of the Request for Arbitration (“Request”) submitted by…
The arbitration world’s most famous ice skater, Claudia Pechstein, has won a stage victory in her long-lasting and widely discussed struggle against the international sports arbitration system. On June 3,…
…not a signatory to an arbitration agreement be a party to arbitration; and (ii) when arbitration is initiated under several agreements, to what extent does the tribunal have jurisdiction to…
…the FET obligation. Second, it introduces the theory of efficient breach to explain how this concept assists in explaining how tribunals should balance competing interests. Third, the post exemplifies this…
…van Muelken, reflect on the deep change produced by the sudden shift to virtual hearings in international arbitration). In this context, in July 2020 the Latin American Arbitration Association (“ALArb”)…
Germany found itself as the hotseat of the “battle” between EU law and investment arbitration in May 2016 when the Federal Court of Justice (Bundesgerichtshof) referred questions relating to the…
…million plus interest of US$ 122 million. First arbitration Mr. Pey Casado and the President Allende Foundation initiated the first arbitration in 1997 under the BIT seeking compensation for…
…Arbitration Act (Act º 9.307/1996) states that In adhesion contracts, an arbitration clause will only be valid if the adhering party takes the initiative to initiate an arbitration proceeding or…
Expert evidence is a feature of almost every arbitration. At the very least, parties will likely need to adduce expert evidence concerning the quantification of a claim for damages. However,…
…this concept is not suitable for the investment arbitration process. They noted that investment arbitration is based on an agreement between the parties, and argued that allowing third parties access…
…offer much food for thought in bringing arbitration to technology and technology to arbitration. Further posts on our Arbitration Tech Toolbox series can be found here. The content of…
…an unwritten arbitration agreement that also includes the non-signatory. Making matters more precarious, such an exercise ignores that Indian arbitration law that requires arbitration agreements to necessarily be reduced to…
