…The Lost Precedents of Arbitration Concerns have been expressed that commercial common law is not developing as it should due to disputes being resolved by confidential international commercial arbitration where…
…these questions. The Importance of Law Governing the Arbitration Agreement The law applicable to arbitration agreement is an evergreen topic of international arbitration, primarily because of its decisive impact…
…arbitration clauses, the plaintiff in this case, Mr. Wittman, had no contractual relationship (and, consequently, no arbitration agreement) with the defendants. While the defendants had an arbitration agreement with a…
…recently organised the first-ever gathering in VR for international arbitration practitioners, we share some thoughts on the potential and limitations of this new medium for international dispute resolution. As we…
…investment projects. All in all, one third of Peru’s ICSID arbitration proceedings have or are being arbitrated based on an ICSID contractual arbitration clause rather than on the legal framework…
…ruled that claims for annulment of a general assembly resolution cannot be resolved by arbitration and an arbitration clause to that end in the AoA was thus not valid.2)11th Civil…
…international arbitration instruments. Ukraine is party to the New York Convention and its International Arbitration Law is nearly a verbatim translation of the UNCITRAL Model Law (1985 version). Ukraine also…
Introduction On November 2021, an Arbitral Tribunal issued the award in an investment arbitration case commenced by three subsidiaries of Kimberly-Clark against Venezuela. The claims where brought under the BITs…
…terms of arbitration developments. Institutional progress Some Southeast Asian arbitral institutions revamped and revised their arbitration rules as part of their strategic institutional development. The Asian International Arbitration Centre…
…TPF in investor-State dispute settlement (ISDS), including publication of the VIAC Rules of Investment Arbitration and Mediation (VIAC Investment Arbitration Rules), have enticed us to revisit the subject. TPF continues…
On November 12, 2021, the new arbitration rules (the “2021 Rules”) of Paraguayan Arbitration and Mediation Center (“CAMP” for its acronym in Spanish) –the main arbitration institution in Paraguay –came…
…UAE offshore arbitration offering from the DIFC to the ADGM. The ADGM, which benefits from its own arbitration law, the 2015 ADGM Arbitration Regulations, and serves as a seat of…
…to reflect contemporary approaches to arbitration procedures. For instance, all filings will be electronic unless there are special reasons to maintain paper filing under Arbitration Rule 4 (AR) and Additional…
…would review panel decisions. Importantly, the mechanism also authorizes the use of arbitration, along with good offices, conciliation, and mediation. Some suggest that the Dispute Settlement Body could learn from…
…third party funding costs in arbitration, but leaves open the question of whether the difference in recovery between litigation and arbitration should be permitted. The foundation laid down in…
…from different areas of law in arbitration cases. Arbitration law, particularly international arbitration law, is a sophisticated and well-developed area of law with its own language, concepts and conventions as…
…whether the European Commission was right to consider that the compensation obtained by the Micula brothers in the arbitration proceedings was constitutive of state aid. In doing so, the General…
Looking back on 2021, one realizes that for those interested in the intersection between EU law and investment arbitration, it was a busy year. As part of our customary “year-in-review”…
As the climate crisis has intensified, much has been said about the roles that arbitration can play in the collective global response – including during the recent BVI Arbitration Week,…
…lack thereof on its ability to participate in an arbitration, will be able to walk away from contractually agreed arbitration clauses and enjoin its counterparties from pursuing arbitration in accordance…
…Procedure (“ICCP”), the arbitrator will be removed from office. This change aligns Italy to the standards expected from a modern and efficient international arbitration seat. The early disclosure of circumstances…
…domestic arbitration with foreign elements. Second, the Draft Amendment adopts a more liberal approach to determining validity of an arbitration agreement by removing the statutory requirement for an arbitration agreement…
This is the third consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international arbitration from the prior year (see…
…Commerce Court of Arbitration, JAMS International, Korean Commercial Arbitration Board, London Court of International Arbitration, Silicon Valley Arbitration & Mediation Center, Shenzhen Court of International Arbitration, Singapore International Arbitration Centre,…
