A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this…
…declined to resolve whether the arbitration exception applied given the plausible argument by Nigeria that the arbitration exception did not apply because P&ID lacked a valid and enforceable arbitral award….
…by Sami Tannous: does an ICSID arbitration clause entered into by an SOE constitute a valid basis for arbitration in the absence of the designation by the host State of…
…interrupting the time limit for commencing an arbitration was the submission of a request for arbitration, excluding notices of dispute. To resolve this issue, the Tribunal relied on Articles 31…
…promoting and protecting each other’s investments. To promote investments, BITs provide qualifying investors with substantive protections and access to the system of independent adjudication of disputes through international investment arbitration….
Kluwer Arbitration Blog has given ample attention over the years to 28 U.S.C. § 1782—the US federal statute authorizing federal district courts to order individuals and entities within their districts…
…professional context j. known for being efficient k. similar views on procedures and case management 2. What percentage of surveyed arbitrators consider it inappropriate for tribunal secretaries to draft the…
In late 2021, the Kluwer Arbitration Blog published a series of posts regarding issues faced by arbitral and financial institutions as a result of restrictions on transfers of funds under…
…Kluwer Arbitration Blog invited Meg Kinnear, the Secretary-General of ICSID, to discuss the rules amendment process. Ms. Kinnear joined ICSID as Secretary-General in 2009 and was re-elected in 2015 and…
…(DIAC or Centre), made significant changes to the institutional arbitration landscape in the UAE, by consolidating all local arbitration centres into a single arbitration centre, namely a “new” DIAC. The…
…without addressing the issue of the petition’s maintainability under Article 227, granted an interim stay of the SIAC arbitration until the next date of hearing, essentially derailing the arbitration. The…
…automation could lower the barriers to entry for funding of smaller, “plain vanilla” arbitration claims, creating entirely new categories of fundable claims. As long as a given claim has a…
…power to summarily dismiss unmeritorious claims or defences in arbitration proceedings; the courts’ powers in support of arbitration proceedings; the procedure for challenging a jurisdiction award; the availability of appeals…
…a time-consuming, costly, and burdensome process. This has prompted practitioners to come up with the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) as an alternative…
…disputes falling in the second category – which are settled through arbitration under the ICSID Convention, UNCITRAL rules or under any other arbitration rules – that the treaty has introduced…
…to unlock total autonomous arbitration. Blockchain arbitration platforms, in addition to creating a viable alternative to conventional arbitration, are building self-sufficient commercial arbitration communities, where everyone has the opportunity to…
…adapt and to take it into account when making their decisions. In particular as the Covid-19 will likely not be the last large-scale pandemic to affect arbitration proceedings. Thus, courts…
…under the ICC Rules of Arbitration inter alia on the ground that the arbitrators allegedly failed to properly sign and date the award. The tribunal rendered its award on 26…
…the discrepancies between the DIFC-LCIA arbitration rules, which largely mirrored the LCIA Arbitration Rules, and the current version of the DIAC Arbitration Rules, which were last updated in 2007. With…
When States participate in investor-State arbitration and lose, they become award debtors like any other losing party in for instance international commercial arbitration. When it comes to execution against States,…
…for the purposes of arbitration One of the most promising developments Ukraine will be facing relates to the synergy between mediation and arbitration. The process of combining mediation with arbitration…
…involved in the proceedings – the investors – has prompted scholars to insist on further alleged limitations on States’ interpretative powers in investment arbitration. According to some authors, there is…
… Features of Blockchain Arbitration and the Blockchain Arbitral Order Due to its decentralized nature, blockchain arbitration currently presents some incompatibilities with the existing arbitration legal framework due to, for…
The Second Edition of the Washington Arbitration Week took place from 29 November to 3 December 2021, hosting 16 panels, including two hybrid panels with both in-person and virtual attendees….
