…not bound by the pleadings made by the parties, and may on its own motion apply legal sources or legal qualifications that have not been pleaded by the parties. …
…presumption of the arbitration agreement’s separability. Although this presumption means that the choice of law of the main contract would not automatically apply to the arbitration agreement given their independence…
On the second day of the 11th Asia-Pacific ADR Virtual Conference, the KCAB, the South Korean Ministry of Justice, the ICC Court of Arbitration and UNCITRAL hosted a panel on…
…expedited arbitration rules that will potentially become globally accepted standards of efficiency. Taking a step further, he suggested that expedited arbitration could even become the default procedure in arbitration. Ms….
…promoting arbitration. Overall, the regional interest in arbitration is on the rise and the region’s dysfunctional and slow judicial systems tend to prove a ripe environment for arbitration to flourish….
…by all the parties involved. This progress, of course, has not bypassed arbitration. In this post, we will look at how to effectively conclude an arbitration agreement under Polish law…
…mainstay of Australian Arbitration Week, and involves a lively comedic debate between Team Arbitration and Team Litigation about which method of dispute resolution should reign supreme. This year, the topic…
…to give an overview of the existing legal framework in national arbitration laws and institutional rules, and to analyse whether it is time for the arbitration community to undertake a…
…themselves of fast-track timelines through special rules, such as the recently updated ACICA Expedited Arbitration Rules. She also noted the speed, efficiency and cost benefits available to parties to arbitrations….
…Commercial Arbitration (‘ACICA’) was established in the same year as the Hong Kong International Arbitration Centre and before the Singapore International Arbitration Centre, but as a seat, Australia has not…
…an increase in multi-lingual students graduating from specialized graduate programs in international arbitration, who will hopefully “expand the international nature of arbitration.” Outside International Arbitration As Elina Mereminskaya noted,…
…in the Singapore International Arbitration Centre Rules (which applied in the present case) and other common arbitration rules such as the UNCITRAL Arbitration Rules and the London Court of International…
…combat climate change. First, the modernised ECT will apply to new types of fuels, including hydrogen, anhydrous ammonia, biomass, biogas, and synthetic fuels. The ECT will also apply to the…
…institutional rules through an ‘opt-out’ provision, which would apply unless parties expressly agree to exclude it. Such provisions are common in institutional rules, as seen in the Expedited Procedure and…
…intra-EU arbitration (Article 24(3) new ECT) as well as Article 16 ECT and includes the option to phase out protection for fossil fuel investments (annex NI). The EU and the…
…would be competent. Article 26(5)(b) of the ECT (and its reference to Article I of the 1958 New York Convention) was considered as clarifying that an ECT-arbitration constitutes a commercial…
…groups, namely: institutions with strict rules on confidentiality of awards (for instance, the Swiss Arbitration Rules (2021), the SIAC Arbitration Rules (2016), and the LCIA Rules (2020)); institutions in between…
…the BGB. The DIS Supplementary Rules for Corporate Disputes codified those requirements. According to these rules, all the shareholders must be named in the request for arbitration, must be invited…
…In sum, CAM-CCBC issued rules for electronic proceedings and guidelines for virtual hearings; and enabled the use of new dispute resolution tools such as expedited arbitration rules; emergency arbitrator proceedings;…
…access to justice and to an effective legal remedy, this new prohibition might nonetheless ultimately affect dispute-resolution proceedings, including arbitration proceedings. As explained hereafter, the prohibition indeed risks deterring attorneys…
…build the rules around the expected tasks and not necessarily try to replicate the latest amendments to the rules of the major arbitration centers. Ideally, rules should be flexible enough,…
…the treaty provisions and public international law. Subsequently, Ms. Cohen Smutny referenced the Santa Elena v. Costa Rica arbitration, where the tribunal held that protecting the environment is a valid…
…for China The laws of the People’s Republic of China (“PRC”) mandate a valid arbitration agreement must manifest the parties’ s clear intent of arbitration, and an arbitration agreement shall…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Technology. The Assistant Editor reports directly to the coordinating…
