You searched for Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions - Page 49 of 198

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Null and void, United States, United States Courts, USA

Ninth Circuit Holds Article II, Section 3 of the New York Convention is “Self-Executing” and Not an “Act of Congress,” Thereby Affirming Order to Compel Arbitration

Giorgio Sassine (Musick, Peeler & Garrett LLP)/November 21, 2021November 20, 2021 /Leave a comment

…industry, “the McCarran-Ferguson Act transformed the legal landscape by overturning the normal rules of pre-emption” (internal quotation marks omitted). Within this legal framework, the State of Washington enacted laws to…

Arbitrators, Party appointed arbitrator, Party autonomy, party-appointed

Party Nominated Co-Arbitrators: Battle of the Titans

Abayomi Okubote (Africa Arbitration Academy ), Gidey Belay Assefa (Addis Law Group LLP), and Joy Njagi/November 20, 2021November 20, 2021 /Leave a comment

…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…

Arbitral Tribunal, Arbitration, Arbitrators

Wolters Kluwer Launches Data-Driven Enhancements to Arbitrator Tool within Kluwer Arbitration Practice Plus

Kluwer Arbitration Blog/November 19, 2021November 18, 2021 /Leave a comment

Wolters Kluwer Legal & Regulatory U.S. announced enhancements to Arbitrator Tool and a new Relationship Assessment Tool within Kluwer Arbitration Practice Plus (KAPP). Integrating artificial intelligence and machine learning with…

Conflicts of interest, Law Firms, Legal Practice, United States

Navigating the Sea Change in Law Firm Finance and Ownership in the U.S.

Victoria Shannon Sahani (Arizona State University, Sandra Day O'Connor College of Law) and Maya Steinitz (University of Iowa College of Law)/November 18, 2021November 21, 2023 /Leave a comment

Institute for Transnational Arbitration (ITA)

…than to clients—garnered the attention of the New York City Bar Association (NYCBA). The practice raised questions concerning compliance with Rule 5.4 of New York (State) Rules of Professional Conduct,…

M&A, Paris Arbitration Week

Paris Arbitration Week: Non-Monetary Relief in International Arbitration of M&A Disputes

Ioana Knoll-Tudor (Addleshaw Goddard LLP)/November 18, 2021November 18, 2021 /Leave a comment

Jeantet

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…

Double taxation, Nationality, Tax Obligations, Treaty Shopping, UNCTAD

Is the End of Nationality Planning Nigh? Key Parallels between Double Taxation Treaties and IIAs

Hugues Salomé (KPMG Switzerland)/November 17, 2021November 16, 2021 /Leave a comment

…designing or revisiting ownership structures. Therefore, new anti-abuse requirements resulting from the PPT rule will inevitably impact how investors own assets. And as mentioned, these new provisions will simplify structures,…

Arbitration Agreements, Dubai, Jurisdiction, UAE, UAE Federal Arbitration Law

Exercising Jurisdiction in Spite of an Arbitration Clause: UAE Courts’ Practice

Nayiri Boghossian (Al Owais Advocates & Legal Consultants)/November 16, 2021November 16, 2021 /Leave a comment

…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…

Arbitration Agreement, England, France, Law governing the arbitration agreement

Can’t Budge: The Curious Case of Kabab-Ji and the New York Convention

Leila Kazimi (Assistant Editor to the Managing Editor)/November 15, 2021November 15, 2021 /Leave a comment

…held valid in France, but not enforceable in England. Choice-of-Law Rules under Article V(1)(a) of the New York Convention Article V(1)(a) of the New York Convention sets out a…

DIAC, DIFC, Dubai

Arbitration In Dubai After Decree 34 of 2021: It Has Wings, But Will It Fly?

Habib Al Mulla (Baker McKenzie Habib Al Mulla) and Karen Seif (Sorbonne University Abu Dhabi)/November 14, 2021November 14, 2021 /1 Comment

…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…

Damages, Fair market value, World Arbitration Update

Inaugural World Arbitration Update: Deconstructing Chorzow – Assessing Damages in Non-Expropriatory Breaches

Fredrik Lindmark, Munia El Harti Alonso (Concepción Global, PLLC, Universidad Complutense de Madrid), and Jose Antonio Rivas (Xtrategy LLP)/November 13, 2021November 15, 2021 /1 Comment

…a more precise assessment of damages taking into account both historic and future losses. One thing is sure, unless new investment agreements include compensation provisions for non-expropriatory breaches. Chorzow’s legacy…

Blockchain, Cryptocurrency, Enforcement, NFT, Smart Contracts, Technology, YSIAC Conference

YSIAC Conference Recap: Cryptocurrency, Blockchain and NFTs

Felicia Ng (Hogan Lovells Lee & Lee)/November 12, 2021November 11, 2021 /Leave a comment

YSIAC

…bills of lading where tokenising bills of lading could face potential issues of contentious legal recognition, as well as inconsistent legal practices and treatment across the entire supply chain. To…

Corruption, Environment, ESG, International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Renewable energy, YSIAC Conference

YSIAC Conference Recap: Resolving ESG Disputes Through International Arbitration

Ilene Chua (Oon & Bazul LLP)/November 12, 2021November 11, 2021 /Leave a comment

YSIAC

…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…

Iran, Sanctions, United States

US Secondary Sanctions Against Iran: Why Arbitral and Financial Institutions Should Be Cautious

Mercédeh Azeredo da Silveira, Stephan den Hartog (AZHA Avocats)/November 11, 2021November 9, 2021 /Leave a comment

…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…

arbitration rules, CMAP, France, Paris

The New and Improved CMAP Rules of Arbitration: Continuity and Innovation

Flore Poloni, Tara Farasat (Signature Litigation Paris)/November 10, 2021November 6, 2021 /Leave a comment

…CMAP Rules Results in the Automatic Adoption of the Emergency Decision Rules For arbitration agreements concluded after 1 January 2022, adherence to the CMAP Arbitration Rules will automatically constitute adherence…

Korea, Maritime Arbitration, Shipping, Singapore

A Tale of Two Maritime Hubs: The Rise of Regional Maritime Arbitration Centers in Asia

Kaili Ang (Virtus Law LLP (Stephenson Harwood (Singapore) Alliance)) and Arie C. Eernisse (Peter & Kim)/November 9, 2021November 10, 2021 /Leave a comment

…rules, the Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center (“APMAC Rules”).11)The Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center. Although APMAC’s focus is on maritime disputes, the…

Emergency Arbitrator, Enforcement, India, Interim measures

Emergency Award or Approaching Court for Interim Relief? – Has the Amazon Decision Made this a Question of Either One or the Other but Not Both?

Shalaka Patil/November 8, 2021November 8, 2021 /Leave a comment

In August 2021, the Indian Supreme Court (‘Court’) in Amazon v. Future found an emergency award rendered in an arbitration seated in India (New Delhi) to be enforceable as if…

Arbitration, Arbitration Agreements, Arbitration Proceedings, Language of arbitration

Arbitrators Don’t Speak Esperanto: The Difficulties and Dominance of English as a Procedural Language in Arbitration

Daniel Greineder (McNair International )/November 7, 2021October 23, 2021 /Leave a comment

Peter & Kim

…be less concerned to give up peculiarly national legal rules and practices in the proceedings. However, arbitration also aspires to be the preferred forum for users from very different legal…

Arbitration Agreements, Litigation, SCOTUS, United States, United States Courts

Of Rats and Lions….or, The Importance of Agreements to Arbitrate

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/November 6, 2021November 5, 2021 /2 Comments

…question “[w]hether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act when the only basis for jurisdiction…

Appeal, Procedural Error, Procedural Fairness, Procedural Order, Set aside an arbitral award, Set aside an international arbitral award, Singapore, Witness

CBS v CBP: Appeal Mechanism For Procedural Rulings Infringing Natural Justice?

Joshua Phang and Wong Yan Yee (WongPartnership LLP)/November 6, 2021November 5, 2021 /Leave a comment

…CBP”) where the arbitrator (mis)interpreted the Singapore Chamber of Maritime Arbitration (“SCMA”) Rules, and did not allow the respondent to call its witnesses. The respondent disagreed with the arbitrator’s decision…

Counterclaims, Investment, Investment Arbitration, Investor-State arbitration, ISDS

Counterclaims in Investment Arbitration: Reflections on UNCITRAL WG III Reform

Anna De Luca (Macchi di Cellere Gangemi) and Crina Baltag (Managing Editor) (Stockholm University)/November 5, 2021December 5, 2021 /Leave a comment

…dismissal of respondent’s counterclaim for lack of any legal basis for having been the Respondent unable to present any legal basis in the applicable law for it. Also, in the…

CAS arbitration, doping, Russia, Sport arbitration

Anti-Doping Lessons from Tokyo 2020: Liability of Athletes for Signatory Actions

Yasaschandra Devarakonda/November 4, 2021October 31, 2021 /Leave a comment

…up the Anti-Doping Division of the Court of Arbitration for Sports (CAS ADD) to hear and decide anti-doping cases as a first-instance authority. While the CAS ADD Arbitration Rules apply…

ASA Bulletin

The Contents of the ASA Bulletin, Volume 39, Issue 3 (September 2021)

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE) and Catherine Anne Kunz (LALIVE)/November 4, 2021October 22, 2021 /Leave a comment

…“New Normal”: Governing Law and Rules, Seat, Annulment, Recognition and Enforcement Guido CARDUCCI analyses the legal and technical issues raised by virtual or remote hearings. DECISIONS OF THE SWISS…

Amparo, Creeping expropriation, Energy counter-reform, Impact, Mexico

The Mexican Energy Counter-Reform – Impact and the Illegality Threshold (Tenth Investment Arbitration Forum: Part I)

Arthur Tochetto Dal Piva, Maria Victoria Ferraz/November 3, 2021October 19, 2021 /Leave a comment

…of the multiple regulatory and legal changes by the Mexican government on energy investments and different investment arbitration scenarios. The Impact of the New Energy Reform: Clean Energy Certificates,…

Charles N. Brower, Damages, Energy counter-reform, Mexico, State defense

The Mexican Energy Counter-Reform: State Defense and Damages (Tenth Investment Arbitration Forum: Part II)

Arthur Tochetto Dal Piva, Maria Victoria Ferraz/November 3, 2021November 3, 2021 /Leave a comment

…regulatory and legal changes by the Mexican government on energy investments and different investment arbitration scenarios. State Defense Ricardo Ampuero, former President of the Special Commission for Investment Disputes…