…even when an arbitration has already been launched (art. 13.b). International arbitration The dispute resolution clause of the Treaty does not come with big surprises. Predictably, dispute resolution between…
…they underscore arbitration’s strengths in resolving ESG disputes. Arbitration Depends on Party Consent Arbitration has been dismissed as a means of resolving ESG disputes on the basis that ultimately…
…and enforcement of foreign awards in Colombia is undertaken below. Colombia’s Arbitration Statute – Law n. 1563 of 2012– (“Law 1563” or the “Arbitration Statute”) establishes that domestic awards –…
…of first refusal. Under the shareholders agreement, the dispute was subject to arbitration under Bolivian law administered by the Inter-American Commercial Arbitration Commission (“IACAC”). The parties also agreed in the…
…arbitration agreement, the governing law of the main contract will generally apply to the arbitration agreement. The French courts, however, have held repeatedly (including in Kabab-Ji) that the choice of…
…arbitration finding that one of the States made fraudulent submissions on the core issue in the case. * * * Friedland concluded with a query: was the arbitration a success?…
…in China The current People’s Republic of China (PRC) Arbitration Law rejects ad hoc arbitration by requiring the arbitration agreement to specify an arbitration institution. However, such rejection does not…
…retrieve your assets.” Developments for International Arbitration International arbitration may constitute a natural choice for crypto disputes, allowing the parties to appoint an arbitrator with the necessary background knowledge…
…Claims Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue in favour of arbitration but…
…S.A. which included an arbitration agreement. Société Générale de la Surveillance S.A. filed a request for arbitration in compliance with the arbitration agreement. The Cotonou Administrative Court of First Instance…
…horseman in saddle, Public policy can be controlled.” Changing Contours of Arbitration Proceedings: Post- Covid- 19 Scenario Arbitration in the post-Covid-19 scenario remained a hot topic during the DAW….
…#ChallengeAccepted Further posts in our Arbitration Tech Toolbox series can be found here. The content of this post is intended for educational and general information. It is not intended…
On 9 March 2023, the International Chamber of Commerce (“ICC”), the National Committee (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 11th ICC Brazilian Arbitration Day…
As arbitration lawyers, we often reflect on the power of the written word, but rarely do we consider the design’s role in emulating the tone of the word or sentence….
Under the UNCITRAL Model Law and the laws of many ‘arbitration friendly’ jurisdictions, courts must refer a matter subject to a valid and operative arbitration agreement to arbitration if requested…
…arbitration, these issues are further complicated due to the fact that different jurisdictions adopt different approaches to witness evidence and preparation. During Day 5 of Paris Arbitration Week, Herbert Smith…
Investor-state dispute settlement (ISDS) issues were again in the spotlight on the very last day of the Paris Arbitration Week (PAW). A panel discussion was organized by Fieldfisher on “The…
…Arbitration Turning to investment arbitration, Prof. Dr. Maxi Scherer first looked at the legal sources most frequently used by claimants when initiating a renewable energy claim and then, at the…
…confidentiality (the Arbitration Ordinance itself also provides that arbitration is a confidential process not just in arbitration proceedings but also in courts); mandatory disclosure of TPF; clear grounds for termination…
…challenge the notion of ‘urgency’ in the context of provisional measures. Dynamics of Development in Commercial and Investor-State Arbitration Dr. Besson explained that in ICSID arbitration, Article 47 of the…
…(Funke Adekoya & Company) as speakers. According to Jus Mundi’s 2023 Mining Arbitration Report, out of around 800 mining arbitration cases, 56% corresponded to commercial arbitration and 44% to investment…
…Day 2 of the 2023 Paris Arbitration Week (PAW) saw Jones Day hosting a conference on “Resource Nationalism in Investor-State Arbitration”. The panel was composed of Melissa Stear Gorsline (Jones…
2023 Paris Arbitration Week (PAW) gathered over 1,400 attendees, in person and online, and featured over 145 events over five days. Kluwer Arbitration Blog is the official media partner of…
…signed in 1959 between Germany and Pakistan, and there was no active investment arbitration until 2000. During a period of 30-40 years, arbitration was dormant – a sleeping beauty “kissed…
