…developing and revising best practices in arbitration generally and specifically virtual arbitration proceedings. But many in the international arbitration world are already beginning to argue it is essential for the…
…such as environmental protection and human rights violations, should be addressed in the context of investment protection. These provisions are included in new generation BITs as a response to the…
…Vetulli, both arbitration practitioners with a background in academia, decided to found the Cross-Examination Moot. Challenges of Preparing Students for Cross-Examination in International Arbitration Though legal education in certain places…
…event. Blocking statutes emphasise the legal nature of international sanctions and constitute a legal defence against them. Certainly, the application of overriding mandatory rules in international arbitration is complex. At…
…the International Law Association report of 2002 (ILA, Committee on international commercial arbitration, Final Report on public policy as a bar to enforcement of international arbitral awards, New Delhi, 2002,…
…Administration of Justice and Legal Services: Paper on Arbitration and Legal Practitioners Legislation (Outcome Related Fee Structures for Arbitration) (Amendment) Bill 2022 dated 28 March 2022. While Hong Kong’s and…
…Interactive Arbitration Rules 2021). There have also been developments in the JCAA’s mediation rules. In 2020, the JCAA promulgated new Commercial Mediation Rules applicable to domestic arbitration and mediation. The…
On the third day of the Inaugural California International Arbitration Week, Silicon Valley Arbitration & Mediation Center (“SVAMC”) held a webinar on the locus of international disputes. The focus of…
…the Film and Entertainment Industry After discussing this exciting new partnership, Mr. Frumes discussed the history of arbitration in the industry, which tracks the increased use of arbitration in other…
…(CIETAC), the Australian Centre for International Arbitration (ACICA), the Asian International Arbitration Centre (AIAC), the Japan Commercial Arbitration Association (JCAA), the Korean Commercial Arbitration Board (KCAB), the Thai Arbitration Institute…
…generally cannot provide. Advantages and Pitfalls of Using Legal Indicators in Investment Arbitration Empirical data, such as legal indicators, will continue to be cited – and conversely, debated –…
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….
…year for dispute resolution in the MENA region: 2022 will not only be the year in which new ICSID Arbitration Rules enter into force, but also new DIAC and QICCA…
The recent Award in AFC v. Colombia dated 24 February 2022 provides new developments on the scope of Rule 41(5) of the Arbitration Rules of the International Centre for the…
Russian full-scale invasion of Ukraine consolidated the international community in strong political condemnation and accompanying legal sanctions against vital sectors of the Russian economy. International business followed suit with more…
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…
…mean that arbitrators often do not have a clear national identity or legal culture. Instead, arbitrators’ legal culture is often an amalgam of many legal traditions, with significant influence also…
…consider that the provisions apply even if there is a valid dispute resolution clause providing for arbitration or for the exclusive jurisdiction of a foreign court, if such clause is…
…Convention are only available to member states and their nationals, the same does not apply to the amended Additional Facility Rules (AFR). Under the updated rules, Additional Facility arbitration and…
…the long-awaited, new DIAC arbitration rules (New DIAC Rules), which came into effect as of today (21 March 2022). The New DIAC Rules will apply to all requests for arbitration…
…legal principle. Any exercise of the supervisory jurisdiction under Article 227 should be limited to only arbitration-related court proceedings. Article 227 and its extension to arbitration Article 227 provides…
…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…
…institutional rules exclude the possibility of any non-mandatory appeals (see for example Rule 26.8 of the LCIA Rules, and Article 35(6) of the ICC Rules). This provision has always been…
