…arbitration as it treated the request as inadmissible and simply re-affirmed what was already known: intra-EU arbitration under the ECT is contrary to EU law. While investment tribunals have generally…
…factors relevant for the registration of the new claim in a national court, i.e. the legal effect and temporal validity of the Achmea decision and the Agreement for the Termination…
…arbitration rules and in most country’s arbitration rules. The requirement for arbitrators to disclose circumstances that may give rise to their partiality is opaque and uncertain. In the case of…
…terminated […] and shall not produce legal effects’. Second, Article 3 purports to terminate the sunset clauses (possibly still in force) of previously terminated intra-EU BITs. Will these provisions have…
…courts are extremely cautious in refusing or rejecting recognition and enforcement of foreign arbitral awards. Lack of valid arbitration agreement, and violation of arbitration agreement/arbitration rules/law of the seat, are…
…can also arguably be drawn from Rule 41 of the ICSID Arbitration Rules, which empowers a tribunal to consider questions of jurisdiction ‘on its own initiative’. Interestingly, at the negotiations…
…(i) the autonomy of arbitration; and (ii) the State’s right to preserve its legal system’s fundamental principles. Achieving this balance will enhance the legitimacy of arbitration as a means to…
…of change to the regional arbitration offering is considered. The recent abolition of the DIFC-LCIA Arbitration Centre by Dubai Decree 34 of 2021, the move of all future DIFC-LCIA arbitrations…
…cases administered by the LCIA in 2021. This is against a background of steady, long-term growth in arbitration more generally. Using reported figures from international arbitration institutions, FTI Consulting recently…
…an arbitration under the AMINZ rules, and having a New Zealand seat generally? The Arbitration Act is a modern statute, incorporating the UNCITRAL Model Law, and New Zealand could be…
…that neither the DIS arbitration nor the ad hoc UNCITRAL arbitration at issue in the cases before it fell within Section 1782. The DIS arbitration was plainly a private arbitration…
…cases, holding that neither the DIS tribunal in ZF Automotive, nor the ad hoc BIT tribunal under the UNCITRAL arbitration rules in AlixPartners falls within the scope of §1782. To…
…database. We hope that the enthusiasm with which practitioners and scholars have embraced legal empiricism in the investment arbitration context will translate to the world of international commercial arbitration …
…the discussion: What Data Tells You About International Commercial Arbitration?, In Conversation with Monique Sasson. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here….
On 18 March 2022, academics and arbitration practitioners convened in Sarajevo (Bosnia & Herzegovina) for an international conference dedicated to cutting-edge topics related to the intersection of international arbitration and…
…the next 30 years is predicted to be in the order of $60 billion. The challenge is not one for engineers and operators alone. Decommissioning presents legal issues that implicate…
…for arbitration, a majority of corporate parties to arbitrations have historically preferred textualist jurisdictions, as seen in choice-of-law provisions that still generally favor New York over California. Although New York…
…claimant. Does being a State party to an arbitration proceeding change the procedural dynamics? Does being a State Party to an arbitration proceeding change the behaviour of the tribunal? In…
…(Article 44), the BAC investment arbitration rules in 2019 (Article 39), the CAM arbitration rules in 2020 (Article 43), the ICC arbitration rules and the VIAC investment arbitration rules in…
…Korean Arbitration Act and “Public Policy” Korea’s Arbitration Act is based on the UNCITRAL Model Law. However, the Act does not adopt Chapter VIII of the Model Law concerning enforcement…
…and principles of private international law are relevant. Indeed, a harmonized legal framework for blockchain-related legal issues, whilst it is the subject of emerging initiatives, does not appear likely in…
…put on hold their business activities. In response, the Russian government adopted several retaliatory measures. This post offers an overview of these measures and their legal implications for foreign investors;…
…in completing the work. The parties agreed their disputes to be resolved by arbitration in accordance with the Rules of Arbitration of the Istanbul Chamber of Commerce Arbitration and Mediation…
…we will attempt to untangle some of the legal issues buyers face at this critical time, the resolution of which may have implications beyond the gas sector.1) Zeiler Floyd Zadkovich…
