…is to be welcomed, it could open the door to European law’s primacy over French international arbitration law. Besides, international consumer arbitration agreements are not all abusive. Online arbitration agreements…
…available clean and efficient energy technologies”, the ECT has the potential to facilitate the rapid scaling-up of investment in renewables. Cause for Cautious Optimism Continued protection for fossil fuel…
…“pro-arbitration” jurisdiction by scrutinising the Arbitration Act 2005 (“the Act”), as amended in 2018. Ms Ng kickstarted the panel discussion by highlighting the pillars of the arbitration framework in Malaysia,…
…as fair and equitable treatment. Relevant investment arbitration claims Mr Comrie-Thomson discussed some of the most relevant investment arbitration claims brought in the context of Russia’s annexation of Crimea….
…Slovakia of a Paris-seated ICC commercial arbitration award. Although there is nothing particularly ground-breaking in the Court’s key findings, the judgment has caught the attention of international arbitration practitioners in…
…of Investment Disputes, the International Chamber of Commerce, and the Permanent Court of Arbitration.” To date, the Databases registered 9 ICSID arbitrations, 1 PCA arbitration and 3 SCC arbitrations. The…
…Arbitration Rules and reflect on how LCAM has developed as an arbitration institution in the last two years. New Arbitration Rules The new Arbitration Rules are for the most…
…creativity that arbitration affords to different stakeholders (counsel, arbitrator, institution) makes arbitration reliable and innovative in challenging times. Turning to the collision of arbitration and insolvency (explored in the Blog…
…Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration at p. 38. After the statement of defense, the tribunal delivers an…
…the facilitator/conductor argument on arbitration is that if someone not involved in arbitration provides funds to or for a sanctioned party involved in the arbitration process (e.g., third-party funders), a…
…Article 10.20.4 of the USPTPA establishes that no claim may be submitted to arbitration unless “the notice of arbitration is accompanied […] by the claimant’s written waiver […] of any…
…issued in arbitration proceedings, which clashes with arbitration core principles. Regarding awards issued in international arbitration, the Colombian Constitutional Court has determined that the acción de tutela is appropriate only…
…other issues, the constitutionalization of arbitration and the impact of new governments in the region on arbitration matters. Constitutionalization of arbitration and the existence of a dualist or monist…
Since 2006, the Bolivian State adopted a policy of “recovery” of resources and entities that were considered as ‘strategic’ by the State. Multiple investment arbitration proceedings against Bolivia were initiated…
…in an arbitration conference. Dialing in from the Scottish Arbitration Centre itself, he helpfully explained to the audience the experience from his point of view: he could see and accordingly…
…for Fair, Effective and Efficient International Arbitration Proceedings (2022), which contains a variety of resources to promote the safe use of technology in arbitration, including sample procedural language relating to…
…Digital Disruption, in Conversation with Claudia Salomon, President of the ICC International Court of Arbitration. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here….
…Crypto Arbitration Challenges Many crypto businesses include arbitration agreements in their contracts. This is unsurprising, both conceptually and practically. Conceptually, crypto’s decentralised ethos sits well with arbitration’s focus on party…
…asserting that the arbitration clause contained in Article 26 ECT cannot be applied in intra-EU disputes. This declaration is unlikely to be accepted as binding by the arbitral tribunals. It…
…arbitration users in line with modern practice, such as: extending the jurisdiction of the Tokyo District Court and Osaka District Court to hear arbitration-related cases. Currently, arbitration-related proceedings must be…
…destination for FDI. Finally, Lord Hodge, spoke about how national courts – or at least the UK courts – view arbitration. In the Arbitration Act 1996 and Arbitration (Scotland) Act…
…David Edward, and Eduardo Zuleta to explore the cross-regional concept of constitutionality in the context of arbitration, and the constitutionality of arbitration itself. Judge Edward adopted a two-pronged approach to…
…arbitration is premised on neutral, efficient and fair dispute resolution and, by default, seeks to be the opposite of what recent trends have reflected. Yet international arbitration itself is facing…
…venue for arbitration. Our Arbitration Law Our arbitration law is set out in the Arbitration (Scotland) Act 2010. It is a very modern arbitration statute, modelled on the Arbitration…
