…Agreement seeks to define investment protection standards in clearer terms. This would be beneficial from a legal certainty perspective, as, for instance, a breach of the FET standard would only…
…(para. 183). It then had to determine itself what made an arbitration agreement “inoperative”. It turned to arbitration authorities and determined the term to cover arbitration agreements that are technically…
…to respect human rights related to due process, access to justice, and improved dispute resolution. For example, the new rules establish, inter alia: a new expedited arbitration procedure; a revised…
…these issues from a legal perspective and particularly as it relates to developing and capital importing states. Our module therefore examines the nature of international investment and its legal regimes;…
…under the ICSID Convention and Rules, leading to an ICSID Convention award enforceable in Ireland under s.25 Arbitration Act, with High Court leave. Other claims lead to a New York…
…the Administrative Council for vote. These rules were well received by the international arbitration community and approved by the Administrative Council on March 21, 2021. Kluwer Arbitration Blog followed the…
…recent years of aviation-specific arbitration institutions and arbitrator rosters like the AAA-ICDR Aerospace, Aviation, and National Security Panel, launched in November 2016, the Shanghai International Aviation Court of Arbitration (SIACA),…
…2022, with the investor being awarded €190 million in the Rockhopper v Italy arbitration (although an annulment proceeding is pending), due to Italy’s application of a legislative ban on offshore…
…their arbitration rules to include emergency arbitration provisions. For example, Art. 29 and 30 of the ICC rules. References[+] References ↑1 Mungi Ngomane et al., Everyday Ubuntu: Living Better Together,…
…of the CJEU in PL Holdings and set aside an arbitral award (which was rendered by a tribunal seated in Stockholm under the Arbitration Rules of the Arbitration Institute of…
…jurisdiction and whether consent to international investment arbitration was actually given. Why do host States give the kind of advance consent to international investment arbitration that they buid in to…
…purpose of the work was to assess criteria, mechanisms and remedies applied in the various legal systems (including international courts and arbitration) to ensure the adjudicator’s independence and impartiality. As…
…1782 discovery in support of international arbitration, limited the preferential treatment given to arbitration over litigation, protected the right to individualized arbitration, and limited the role of federal courts in…
2022 was a year of change and action with important developments in investment arbitration in Latin America. The region continues to top the ICSID investment arbitration caseload, accounting for 28%…
…Arbitration Day 2022 covered numerous interesting and highly topical subjects in the field of arbitration, from the practical, such as how to build a case, methods for probability assessments, tribunal…
…the requisite legal frameworks, including the enforceability of arbitral awards, Global community and local engagement to increase the reach of arbitration and ADR, by building a global community through local…
…London Court of International Arbitration (LCIA). One of the effects of the licence is that it permits Designated Persons to transfer funds to the LCIA to cover arbitration costs. The…
…arbitration over institutional arbitration in the AAA Survey, it should be examined if ad hoc arbitration results in lengthy disputes. On the other hand, institutional rules can set a deadline…
…law in Ukraine, two Ukrainian arbitration institutions – the International Commercial Arbitration Court (“the ICAC“) and the Maritime Arbitration Commission (“the UMAC“) at the Ukrainian Chamber of Commerce and Industry…
…Republic of China (‘PRC’), a non-signatory to an arbitration agreement is usually not bound by the arbitration agreement, and, tortious claim may possibly fall out of the arbitration agreement too….
Kluwer Arbitration Blog is pleased to launch with this post an occasional series offering global perspectives on approaches to teaching international investment arbitration. The aim of the series is to…
…exception in the 1958 New York Convention, and negotiation as a condition precedent to arbitration. Recent developments and publications The 2022 volume further contains announcements of new arbitration rules…
…unconscious bias against members of our community that perpetuates homogeneity in international arbitration. The Lingua Franca of International Arbitration Despite the linguistic diversity of international arbitration stakeholders, the available…
…an ISDS case is commenced the parties constitute a new arbitral tribunal through the designation of arbitrators. Those tribunals disappear once the proceedings have concluded, either through termination of the…
