…have been released; numerous reports on wide range of topics (g., parties’ and arbitral tribunals’ conduct of the arbitration, recent technologies, climate change) have been published; five new offices have…
…typography of your next arbitration submission? Typography is visual, so it is alluring to assume that it is largely an artistic pursuit. At least in legal writing, this would be…
…Service through its use of user data. Instagram’s 2013 Terms of Service provided for arbitration pursuant to the American Arbitration Association’s rules for arbitration of consumer related disputes. The terms…
…authorities, rather than within the scope of the decision making powers of the parties and their representatives. What Rules Should Apply in International Arbitration? In Ms. Prasad’s view, the…
…and proxy rules (primary rules surrogating the content of FET). The usage of proportionality has been able to grow because it is a diagnostic tool and a method of analysis…
…composed of Caroline Falconer (Secretary General of the SCC Arbitration Institute), Jurriaan Kien, (Legal Director New Energies & Services, SBM Offshore), Edoardo Marcenaro, (Head of Legal & Corporate Affairs, Enel…
…“Arbitration Ordinance” is based on the UNCITRAL Model Law. Although HK’s legal profession is divided between solicitors and barristers, arbitration enjoys an open regime with party representatives not having to…
…tribunal to look at the effect of the granted measures. The standard’s evolution is thus codified in arbitration rules. Referring to the ICC Arbitration and ADR Commission Report on Emergency…
…(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…
…Agreement will likely trigger new cases and new questions of interaction between these rules. Melissa Gorsline noted that resource nationalism is always happening somewhere in the world. It is certain…
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…
…contemplated the near future of the investment arbitration system. Near Future – New ICSID Rules and Regulation of Double-Hatting The panel took the new ICSID Rules and the regulation of…
…and designing suitable solutions for them (translated into several provisions in the new ICC Rules of Arbitration addressing disputes involving States, such as articles 13(4), 21(2) and 29(5)); a tendency…
…Seat of International Arbitration Moderated by Joaquín Vallebella (Partner of Brons & Salas, Buenos Aires), Panel V addressed the new legal context for arbitration in Argentina, since the enactment of…
Independence and impartiality of an arbitral tribunal has been fundamental to arbitration and was recently re-emphasized by major decisions in common law jurisdictions including by the UK (Halliburton v. Chubb)…
…request to submit the dispute to arbitration. If arbitration proceedings have not yet been commenced and the arbitration agreement is then suspended, any arbitration commenced by the creditor against the…
…to CIAW been like, both from the arbitration community in California and the arbitration community outside of California? The international arbitration community, both in California and beyond, have responded with…
On 15 March 2023, as part of California International Arbitration Week, California Arbitration and California Lawyers Association ADR Subcommittee organized an interactive event titled ‘Opportunities and New Trends in the…
…in arbitration. Mr. Kang added that the general aversion against arbitration in the IP field also is the result of a lack of tradition within the industry to utilize arbitration….
…if it differs from what the arbitral rules provide; the governing law; the language(s) of the arbitration; and the seat of the arbitration that will determine the applicable arbitration legislation…
…whole; a new legal question; a divergence of interpretations in the case law of the different chambers; or the intention to depart from an established line of cases). In conclusion,…
…impetus not only to introduce a mechanism for setting aside arbitral awards, but also to improve the Latvian arbitration framework. The Latvian arbitration legislation contains several incomprehensible provisions that discourage…
…In this context, Adolf highlighted the arbitration rules of the Hong Kong International Arbitration Center (HKIAC), the Singapore International Arbitration Center (SIAC) and the China Maritime Arbitration Commission (CMAC). In…
…to protect the legitimacy of arbitration; and the latter in order to enhance legal certainty and clarity. Charles Tay, Satellite Launch and Production Services and Arbitration in the Chinese…
