…and arbitration. Against this backdrop, some important lessons can be drawn for practitioners. Facts The arbitration concerned an exclusive distribution agreement for footwear concluded between two companies, the French…
…the specifics of the new set-aside mechanism, and other amendments made to the Latvian arbitration law. Background Elimination of any or all grounds for setting aside of arbitral awards…
…Arbitration Act 1996 (the “EEA”). This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise to justifiable doubts…
…its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. The opening keynote by Bryan Garth set the…
…Thus, parties to non-ICSID arbitration proceedings (e.g., under UNCITRAL Rules) should be wary that fixing the seat of arbitration in an EU Member State clears the way for the respondent…
…Member of the Stockholm Chamber of Commerce (“SCC”), Simon Demaurex, Legal Counsel at the Swiss Arbitration Centre, and Ricardo Aprigliano, Vice President of the Centre for Arbitration and Mediation of…
…although there was never a presumption in the UK legal system that a parent company would be held liable for the acts of its subsidiaries, effective legal measures to hold…
…arbitration agreements. Third, investors might negotiate new or amend existing contracts with EU member states or their agencies to include provisions for arbitration with substantive protections, preferably seated outside the…
…on the rule of law in arbitration and on arbitration and regulations. These sessions provide a rather useful snippet into the complex challenges faced by the field of arbitration. …
…risky position. Where an investor elects to arbitrate under the UNCITRAL Rules instead, Veit considered the choice of the seat to be critical. In his view, where the arbitration is…
…specific legislation. CIETAC and the Shanghai Arbitration Commission have included specific rules for arbitration. By contrast, in Japan, funding is allowed for arbitration but not for domestic litigation. In Korea,…
…and substantive challenges in international arbitration. Navigating these challenges requires meticulous compliance with regulatory requirements and a deep understanding of the evolving legal landscape. As legal frameworks and judicial interpretations…
…Miles’ turn to provide the investment arbitration counsel’s perspective. There are two legal points to preliminary consider: from the investors’ side, the bonds as such must be assessed (e.g. their…
…These events provide insight into the current application of AI in arbitration and legal practice, and the potential challenges faced in use of AI. Arbitration Alchemy: AI, Psychology and…
…measures, security for costs), which are perfectly valid tools. And some procedural rules, such as e.g., the Rules of the London Court of International Arbitration (“LCIA”), allow arbitrators to be…
…activities, which already contain arbitration clauses, domestic governing law, and access to well-trodden arbitral institutions—e.g., the ICC or the LCIA. These institutions update their rules frequently and include expert procedures,…
…foreign investment. They noted the increasing acceptance of SCCA rules by investors and the judiciary’s supportive stance towards arbitration awards, positioning arbitration as a reliable dispute resolution mechanism. Additionally, the…
…Meg Kinnear further referred to the enactment of the 2022 ICSID Arbitration Rules, which addressed various concerns with investment arbitration within the ICSID framework, including the timeliness of the proceedings,…
…cases affected by an ineffective arbitration regime that encourages arbitral matters to be taken to courts as a result of their extensive interventionist powers pursuant to the Arbitration Act 1940…
…no similar requirement in the rules of leading arbitration institutions. For example, Article 26.2 of the LCIA Arbitration Rules 2020 simply requires signing the award while the ICC 2021 Arbitration…
…International Arbitration (LCIA), parties are not only allowed to select a body of national law to apply to the merits, but may even choose rules of law. This means that…
…apply to Encavis arbitration because its context was different. Indeed, Green Power was governed by the Stockholm Chamber of Commerce Arbitration Rules and Swedish (and EU) law applied as the…
…arbitration towards better-defined provisions with clearer scope, the draft interpretative statement seeks to further define the contours of the substantive protections of CETA, whilst the draft decision adopting supplemental rules…
…parties have: (i) chosen to apply the rules of arbitration of a foreign arbitral institution (e.g. SIAC, LCIA or ICC) to the arbitration; or (ii) agreed to apply foreign law…
