…Arbitration and Conciliation Rules and the Institution Rules require the approval of two-thirds of the Administrative Council for the rules to be amended. As we await the outcome of the…
…commenced, however, not all have been concluded. Some of the vital components that are still outstanding include the Rules of Origin (‘RoO’), tariff schedules, and specific commitments on trade in…
…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…
…relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal was not bound to apply EU law to events occurring prior to…
…request for an Opinion from the CJEU on the intra-European application of the arbitration provisions of the future modernised Energy Charter Treaty is still pending. 2021 (like almost every year…
…authority; UNCITRAL rules; London as arbitral seat) and Norway’s template agreement for purchase of CDM credits (LCIA rules; London as arbitral seat). Arbitration is also provided for in the processes…
…any sanctioned Russian party can avail itself of these provisions, or (2) whether they only apply when sanctions effectively prevent the sanctioned party from participating in a foreign-seated arbitration. In…
…that may affect a potential arbitrator’s impartiality or independence is indeed a well-established practice in international arbitration as well as a requirement in virtually all institutional arbitration rules and in…
…Arbitration Center (“APMAC”) and its parent organization KCAB could amend the APMAC rules and beyond to achieve global prominence. The Hong Kong Maritime Arbitration Group swiftly adopted new Terms and…
…of new IIAs; 2) updates to the binding treaty on business and human rights; 3) key investment arbitration cases; and 4) ISDS reform efforts. Overall, across these four foci, 2021…
…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,…
…(AMCHAM Peru) published new Arbitration Rules, which entered in force in July 2021, replacing the 2013 Arbitration Rules. The rules incorporate provisions on the scrutiny of awards, multiparty and multiple-contract…
…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…
…2021, ACICA had a busy year releasing an updated version of its Arbitration Rules and Expedited Arbitration Rules in 2021. The rules apply to arbitrations commenced from 1 April 2021….
Once upon a time, not so long ago, the two legal orders of on the one hand, international investment law (i.e., International Investment Agreements (IIAs) and investor-State arbitration provisions (ISDS)),…
…rules relevant to the negotiation, validity, and interpretation of treaties had grown to become a fairly comprehensive body of rules and it seemed opportune to codify these rules. The ILC…
…of the Treaties (VCLT) indicate that preambular text may at the very least inform the interpretation of operative provisions. Regarding operative provisions, interactions become rather more complex. Interactions may occur…
…legal regime relied upon by the investors in making long-term investments” (Antin v. Spain). They have also analyzed the interaction between the ECT and other legal regimes – ruling, for…
…in just two cases out of 25 investment arbitration cases”. Beyond the case-law, which has been, thus far, rather restrictive, IIAs and investment arbitration procedural rules further, generally speaking, exclude…
…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…
…a sole arbitrator, as having “issued general admonitions to dissuade further instances of allegedly improper conduct and made specific findings regarding the allegedly improper conduct.” That source also added: “During…
…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….
…may eventually deal with the issue in set aside proceedings. Foreign parties unfamiliar with Brazilian arbitration rules and law also benefit from the Digest. As a matter of fact, there…
