…in conducting an arbitration or deciding the outcome of an arbitration. In fact, the Model Law was amended in 2006 to respond to the evolving practices of international trade and…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. A new upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the…
…Appeal of the territory of the place of arbitration (points 150-158 of the judgment). The second is the functional criterion, according to which the RAE arbitration is the one that…
Most international arbitration institutions have already adopted regulations concerning the roles of tribunal secretaries and scope of their duties. Although this topic has not been on the radar for some…
…of Psychology at the University of Warwick), Christopher Newmark (Arbitrator, Mediator and former Chairman of the ICC Commission on Arbitration and ADR), Professor Aldert Vrij (Professor of Applied Social Psychology…
In June 2020, the Swiss Arbitration Association (ASA) launched its much-awaited Arbitration Toolbox, an online and interactive tool that guides a user through the various stages of an arbitration. Initially…
…the global economy, including investment arbitration. The recent tensions in the EU-China political relationship have, however, cast a shadow on the future of the CAI. At the moment, the ratification…
…of the Hague Rules as procedural rules for ISDS as an alternative to ICSID Arbitration, and where arbitration under the ICSID Convention and ICSID Rules is chosen, the tribunal’s procedure…
…judicial decisions. With the 2015 amendments to the Arbitration and Conciliation Act, 1996 (“Act”), it is clear that judicial scrutiny of arbitral awards should be extremely limited. Recent decisions of…
On 20 October 2021, the Bucharest International Arbitration Court (“BIAC”) and the American Arbitration Association – International Centre for Dispute Resolution (“ICDR”) held a conference on the latest arbitration trends…
…the Uniform Commercial Arbitration Act in 2016, and evolving best practices in arbitration. Last year, BC introduced a new Arbitration Act, SBC 2020, c 2 (the “New Act”), replacing the…
…the Arbitration Act 1996 (the “Act”). The Court found that a failure to wait until the end of a pre-arbitration notice period before commencing arbitration did not deprive the tribunal…
…The Ninth Circuit explained that “[t]he Washington Supreme Court has interpreted § 48.18.200 to ‘prohibit binding arbitration agreements in insurance contracts,’ and held that pre-dispute binding arbitration provisions in insurance…
…of international arbitration, not only violating the New York Convention but also undermining the very reasons for international arbitration. He argued, “Arbitration is about allowing parties to decide how to…
…Wolters Kluwer’s arbitration expertise, the new features will provide arbitration professionals with valuable insights to assess arbitrators, properly advise their clients, and increase their rate of success. Launched in December…
…international arbitration, and concludes with a call for action to the international arbitration community and, in particular, arbitral institutions. The prohibition on non-lawyer participation in the practice of law has…
This post is a non-exhaustive summary of a hybrid conference organised during the Paris Arbitration Week 2021 by Jeantet. The panel discussed international arbitration of M&A Disputes, and in particular…
…parties’ agreement on arbitration and uphold valid arbitration clauses. In fact, Article 8(1) of the Federal Law on Arbitration, No. 6 (2018) (“UAE Arbitration Law”) requires the court to dismiss…
…two-limb choice-of-law rule for determining the law governing the arbitration agreement: The first limb, or the basic rule, provides that the validity of the arbitration agreement is determined pursuant to…
…Courts (mainland) would have jurisdiction over the arbitration. Likewise, when the arbitration agreement provides for arbitration in the DIFC, the DIFC arbitration law of 2008 would apply, and the offshore…
The first edition of the World Arbitration Update (WAU) founded by Ian Laird (Crowell) and Jose Antonio Rivas (Xtrategy) took place on-line from October 11 to October 15, 2021, hosting…
On 10 November 2021, YSIAC Conference 2021 ARBXTalk and panel discussion canvassed a myriad of dynamic developments in the arbitration space, amongst which included the impact of cryptocurrency, blockchain and…
…Arbitration”, which agenda was to analyse the disputes in the buzzing environmental, social and governance (“ESG”) domain, distil the trends and lessons learnt therefrom, and to provide suggestions on the…
…acceptance by a non-US bank of registration fees and advances on costs paid in the context of arbitration proceedings. Does the General Authorisation in Respect of Legal Services Apply to…
