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,…
…arbitrators without legal training apply substantive law? During the discussion, it was even considered that, even if the arbitrators are required to apply substantive law, there are no sanctions for…
…arise from the different notions of legal stability, where a strict notion of legal stability would entail that any regulatory change would amount to an FET breach, whereas a soft…
…the conduct of arbitration proceedings and, to the extent organized and carried out in an orderly manner, holding a hearing virtually adequately protects the procedural rights of arbitration users —…
…2 ZPO is not applicable in an ICSID arbitration. a. The ICSID Convention Sets Up a Closed System of Procedural Rules Precluding Other Legal Remedies The court first established…
…Court of Arbitration under the UNCITRAL Arbitration Rules. The Claimants argued that this proceeding was distinct from the previous proceedings, as they brought claims related to Chile’s lack of compliance…
…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…
…a matter involves highly technical details, with which the legal team is not necessarily familiar. Agreeing that a “consulting expert” can be helpful in upskilling the legal team on technical…
…in the new ICSID Rules, which include the possibility to hold open hearings and incorporate additional transparency provisions like the expeditious publication of arbitral awards (see 2022 ICSID Arbitration Rules,…
…Arbitration Rules (Article 16(1)) or the 3 month limit found in the German Institute of Arbitration Rules (Article 37). One rationale for the compressed timeframe, stated by Israel, is to…
…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…
…with the practice of repeat appointments in sports arbitration. It is worth recalling in this connection that the SFT itself has advised that sports arbitration is effectively non-consensual (4P.172/2006, c….
…it may interrupt the proceedings. The new edition of the IBA Rules on the Taking of Evidence in International Arbitration 2020 includes the recently adopted Article 9(3) allowing the tribunal…
…rules, VanIAC’s new international rules, rather than its domestic rules, will apply. Why is the last point important? In 2020, the province of British Columbia enacted a new domestic Arbitration…
…to section 6 of the International Arbitration Act of Singapore. As part of its reasoning in rejecting the stay application and determining that the arbitration clause did not apply to…
…10 of the contract also refers to Nauru’s duty not to expropriate NORI’s assets. Finally, this sponsorship agreement selects arbitration in accordance with the UNCITRAL Arbitration Rules for the settlement…
…by allowing investors to bring claims in investor-state arbitration (ISDS). However, the road to investor-state arbitration is more cumbersome for some investors than for others. This post analyses BITs concluded…
…Oro decision is not the only recent award that dulls the effect of new-generation IIAs. As I discuss in my book, Investment Arbitration and State-Driven Reform: New Treaties Old Outcomes,…
…reality that Asia is actually the present and then announcing the new branded ICC Belt and Road Commission, the President of the ICC International Court Arbitration, Ms Claudia Salomon moderated…
…inclusion are currently the dominant forces in international arbitration and invited the panellists to address the audience on recent domestic court decisions as well as changes to arbitral rules, decisions…
…provisions of the Code may be interpreted, and how such interpretations will fare in disqualification proceedings under the ICSID Rules. Failure to Disclose as a Stand-Alone Ground for Disqualification The…
…rule would not apply under the Austria-Russia BIT. State-to-State Investment Arbitration followed by investor-State arbitration. Regarding the third solution, Dr. Herfried Wöss observed that all of the revised Russian…
…and interpreting dispute resolution clauses. Interview with Claudia Salomon: Establishing an Arbitration Career Joanna Kisielińska-Garncarek (GESSEL) began her interview of Ms Salomon with questions about her arbitration journey. Ms…
New features for the Profile Navigator, Relationship Indicator, and expanded Awards search capabilities will equip arbitration practitioners with faster and on-target research and actionable insights Wolters Kluwer Legal & Regulatory…
