…relief in support of an arbitration. One exception is arbitration related to personal injury claims, where ORFSs would be void and unenforceable (although we rarely see personal injury claims in…
…interdisciplinary. This is not only because non-arbitration scholars have developed an interest in arbitration, but also because arbitration scholars have started to examine arbitration against a wider context.’ It is,…
…The Permanent Court of Arbitration was the crowning achievement of the Hague Conference. The momentum for arbitration had been growing for years, and the delegates seized the opportunity by securing…
…sea change by exercising their economic clout. This aligns well with ideas discussed at New York Arbitration Week and CanArbWeek. Arbitration remains a service industry and, as the industry’s needs…
…investment treaties (predating the 1990s) provided only for the submission of an investment dispute for resolution by arbitration or conciliation at the investor’s election. These early treaties made no mention…
…market with a new offering that promised fair and efficient resolution of disputes through arbitration. Delos was established by arbitration practitioners, following a year of extensive research and discussion, and…
…on two main issues. On jurisdiction, the tribunal upheld jurisdiction even when the investment had been sold before the commencement of the arbitration. On the merits, the Tribunal reaffirmed that…
…judicial reorganization nor the declaration of bankruptcy invalidates the arbitration agreement or impedes the initiation of the arbitration procedure (Article 6º, § 9º). Challenge of Arbitration Awards Moreover, the decision…
…The notion of confidentiality under Dutch arbitration law Confidentiality remains a primary feature of Dutch arbitration law, even though the current version of the Dutch Arbitration Act (“DAA“) neither defines…
…new arbitration law in Ecuador, and the negotiation of new BITs and trade agreements with the US, Mexico and different Caribbean countries. The shift against investment arbitration of the EU’s…
The second edition of Washington Arbitration Week (WAW) drew attention to areas of synergy between corporate social responsibility (“CSR”), human rights assessments and international arbitration. Consistent with these themes, the…
…II: Expedited Arbitration Provisions as Stand-Alone Rules, or Appendix and When Should They Apply, Kluwer Arbitration Blog, September 16, 2020; Julián Bordaçahar, UNCITRAL, Expedited!, Kluwer Arbitration Blog, July 14, 2021;…
…the Court refer the parties to arbitration in accordance with s9 of the Arbitration Act 1996 which provides as follows: (1) A party to an arbitration agreement against whom legal…
Established in 1986, the Vancouver International Arbitration Centre (“VanIAC”, formerly known as the British Columbia International Commercial Arbitration Centre) is an organization committed to offering additional dispute resolution paths, providing…
…which indicates that, where an arbitration is subject to that law, the arbitration agreement will also be treated as governed by that country’s law” may imply that the arbitration agreement…
…another amendment to the Arbitration and Conciliation Act, 1996 (“Indian Arbitration Act”). Following on the tradition of the “2020 in Review: India” and “2019 in Review: India” posts that reflected…
…that the Court will limit this diversion to exceptional circumstances. Investment Arbitration 2021 has been a very prolific year with regards to the number of investment arbitration cases that came…
A party to arbitration proceedings may incur ancillary litigation costs, such as those associated with interim measures. Most academic commentary considering whether such expenditures actually constitute arbitration costs refers to…
…is a place which where the enforcement of international arbitration awards is frequently sought. In light of the above, one would expect Cyprus to be arbitration-friendly for the above purposes….
…This post will examine Ukraine’s track record of concluded and pending investment arbitration cases and shed light on new proceedings initiated in 2021. Investment Arbitration Involving Ukraine: Background In…
…for overzealous lawyering and foster good faith in arbitration. Boris CATZEFLIS, Dorothee SCHRAMM, Statutory Arbitration Clauses of Swiss Companies Boris CATZEFLIS and Dorothee SCHRAMM examine arbitration clauses included in…
…arbitration at the Singapore International Arbitration Centre. If both parties fail to reach a consensus on the outcome of the arbitration at the Singapore International Arbitration Centre, either party has…
…the admissibility or inadmissibility of arbitral proceedings.” In February 2021, the Higher Regional Court held that the arbitration was indeed inadmissible due to the lack of a valid arbitration agreement…
…rooted in contract”.18)Sundaresh Menon, “Arbitration’s Blade: International Arbitration and the Rule of Law” (2021) 38(1) Journal of International Arbitration 1 at 9. The difficulty in applying the “tribunal versus claim”…
