…fact, several arbitral institutions in the region launched new arbitration rules to ‘catch up’ with international arbitration rules and reflect the use of technologies in arbitration proceedings amidst the ‘new…
…2018 (“Arbitration Law”) is a procedural law given that it contains the procedural rules of arbitration and is therefore part of “the rules of procedure” envisaged in Article III of…
…legal frameworks were introduced all to stimulate arbitration activity. The year also saw a sharp focus on the benefits of empirical studies to understand how arbitration is being used, recent…
…reasons, enforcement and recognition of awards should be sought outside the EU. Thus, while the EU is rapidly becoming an arbitration-hostile jurisdiction, other more arbitration-friendly jurisdictions such as the UK,…
…… and in particular in Articles 31-33 of the VCLT, which are familiar to all involved in investment arbitration’ (Decision on Jurisdiction, 24 October 2011, para. 26). Similarly, Professor Brigitte…
…not participate in an investor-state arbitration. This has now changed with the acceptance by many investment tribunals of amicus curiae submissions. While tribunals have accepted amicus curiae submissions, this is…
…is underway, but progress is slow and hampered by politics. Therefore, as this short overview will explain, it will be necessary for arbitration practitioners to consider the interaction between the…
…constituted the foundation of investment arbitration, the perceived reversed imbalance in the current IIA and investment arbitration landscape is at the heart of today’s backlash and legitimacy crisis. For that…
…work, many questions remain. In the light of this trend, we are devoting this week on the Kluwer Arbitration Blog to exploring the regime interactions in investment arbitration and the…
…as “efficient and well-organized” and as “in absolute control of the hearings and paying attention, with a likable personality, well-humored and approachable. …[A] very impressive performance.” If you anticipate requesting…
…later initiated arbitration pursuant to the BIT under the ICSID Additional Facility Arbitration Rules. The airline alleged a breach of the protection relating to the free transfer of funds (Art….
The Center for Studies and Research in Arbitration from the University of São Paulo (“CEPArb-USP”) has recently made public the findings of its pioneer empirical research on challenges of arbitrators…
…institutions, their customers, and counterparties. It is hoped that all finance parties, and those advising them, consider arbitration in accordance with the P.R.I.M.E. Finance Arbitration Rules, and adopt P.R.I.M.E. Finance’s…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The final upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the…
…echoing an ancient suspicion towards arbitration, can discourage the choice of Italy as seat of arbitration. Quite understandably, the issue has been subject to many debates within the arbitration community,…
…discussed above showcase the efforts of the arbitration community to address stakeholders’ concerns as to the need for transparency, participation and accountability in investment arbitration. These structural reforms, and their…
Inconsistent decisions have long been a major criticism in investment arbitration. This does not only pertain to decisions on procedure, jurisdiction or merits but also to quantum issues. This contribution…
…both arbitration counsel and arbitrators, as well as to arbitrating parties on particular areas of the arbitration process that are usually not addressed in arbitration rules. Since 2016, apart from…
…2022. What to expect? During the third phase, AG Office personnel received training in different law fields, including investment arbitration, public law, and alternative dispute resolution methods. The AG…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The present upload consists of 26 decisions applying the major arbitration Conventions and dealing with issues of general interest…
…apply to all arbitration participants, including tribunals which are designed to secure arbitration participants’ access to arbitration data,1)“Arbitration Data” is defined under Rule 1.2 of the Cybersecuity Rules as “any…
The 2021 Shanghai Arbitration Week (“SHAW”) kicked off on 8 November 2021, accompanying the grand event of the Shanghai International Arbitration Summit. Mr. Xiong Xuanguo, Vice Minister of the Justice…
…arbitration and not ISDS. Unfortunately for the foreign investor, the CFIA does only contemplate state-state arbitration thus leaving the foreign investors in the hands of member states again, depending on…
…the adjustment, so Gazprom requested arbitration at the Stockholm Chamber of Commerce in February 2017. The arbitration was seated in Sweden. Gazprom requested that the tribunal increase the contract price…
