…in International Arbitration of 2013 expressly included a party’s “employees” in the definition of representatives; the DIS Arbitration Rules of 2018 introduced Rule 27.3 that encourages outside counsel to attend…
…Agreement’s MFN clause to import UNCITRAL Rules in other BITs where the Secretary-General of the Permanent Court of Arbitration (“PCA”) is the appointing authority. He has done so on several…
…hybridity of IILA. This is most visible in the conflicting streams displayed by arbitral practice as for the interpretation of treaty provisions. Legal indeterminacy This is where legal indeterminacy, which…
…to their own judgement on the validity and effectiveness of the arbitration agreement. The principles of Kompetenz-Kompetenz and separability enable arbitrators to distinguish the arbitration agreement from the main contract…
…a particularly favourable destination for arbitration of energy disputes. III. Third-Party Funding and Green Arbitration As mentioned above, the 2021 Queen Mary Survey on adapting arbitration to a changing world…
…standpoint help define which legal concept to apply to a particular action. By having answers to these, one can determine whether the investment arbitration can be the best available way…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor to the Managing Editor. The Assistant Editor reports directly to…
…Charter Treaty (“ECT“) expressing its view on a number of occasions that amendments to the current ECT provisions are not necessary (as reported in the Blog here). This position likely…
…discussing the new ICSID rules issued in 2022 and noted that ICSID hopes the new rules will bring greater transparency to proceedings. She also discussed several specifics of the new…
…(conduct of undertakings with relative or superior market power), and 21 (boycott and other restrictive practices) of the GWB, which prohibit certain conduct, including certain contractual provisions, are cornerstones of…
The Swiss Very Young Arbitration Practitioners (“Swiss VYAP”), in collaboration with the Young Arbitral Women Practitioners (“YAWP”), held an interview series on career paths in international arbitration during the second…
…parks. In 2015, Novenergia commenced arbitration against Spain in Sweden under the Arbitration Rules of the SCC Arbitration Institute (SCC Case V 2015/063). In the arbitration, Novenergia successfully argued that…
…increasing inclination to conduct such arbitrations with the assistance of high-technology tools, the latter of which form the focus of this article. Application of New Technologies to Arbitration Below,…
…the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”) against the Republic of Mozambique (the “UNCITRAL Arbitration”). The arbitration was filed under the 2009 India-Mozambique…
One of the complaints levelled at arbitration is that tribunal orders lack teeth because, unlike a court, arbitrators do not have wide-ranging powers to enforce interlocutory measures against a party….
…arbitrator/his Chamber and the legal representatives of one of the parties to the arbitration could not have been asserted during the arbitration proceedings if due attention had been paid. The…
…recent interventions by the CJEU in international investment law and arbitration outside the EU borders and, in particular, the EU legal order. Irrespective of the outcome, the position of the…
After thirteen years, the Arbitration Center of Mexico (“CAM”), one of the most prominent arbitration centers in Mexico, revised its Arbitration Rules (the “Rules”). The purpose of these amendments is…
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…
On 10 October 2022, the Secretary-General of the Permanent Court of Arbitration (“PCA”) accepted a challenge brought by Venezuela against the appointment of the Claimant’s appointee, Dr. Wolfgang Peter, in…
…position before the tribunal. Unethical legal tactics: ChatGPT can foster unethical legal tactics by, inter alia, generating misleading or false statements or evidence in the arbitration or at the stage…
…an arbitration clause providing for arbitration under the ICC Rules seated in Singapore. The parties had not expressly agreed on the law governing the arbitration clause. While Singapore law allows…
…The post first gives an overview of the model clauses drafted by UNCITRAL, explaining the role played by the UNCITRAL Expedited Arbitration Rules (“Expedited Rules“). Then, it addresses UNCITRAL’s approach,…
…a long list of pro arbitration decisions that the Supreme Court has issued since enactment of the Law N° 19.971 on International Commercial Arbitration (“LACI”). The facts of the case…
