…inception. As Ms Overduin explained, the ECT is a multi-party treaty adopted in 1994 which comprises as Contracting Parties the European Union (“EU”) itself, all 27 EU Member States, and…
…are accepted, a binding contract is formed. However, in the case of adhesion contracts, one party presents non-negotiable terms, which the other party can either accept or reject in its…
…the Protocol does not include FET, but it does provide for an “administrative and judicial treatment”. Under this standard, a state party agrees to ensure: “in administrative and judicial matters,…
…of the world’s most ambitious projects, and many of those projects will effectively use long term contracts that may run for multiple years. So when a party agrees to a…
…arbitration clauses. It is hard to imagine that a commercial party would now specifically submit its cartel damages claims to arbitration, knowing that there would be a full-fledged review of…
…inherent powers to appoint a notable international arbitration law firm as amicus curiae (Hypertec Real Estate Inc. v. Equinix Canada Ltd.), and holding that a third–party beneficiary of a contract…
…Ltd. (China PR)); (b) the awards not being for a “definite and discernable amount” (Costco Wholesale Corporation v. TicketOps Corporation); (c) the party being unable to present its case (Prospector…
…International Sale of Goods (“CISG”), becoming the 96th party to the Convention. The KSA’s accession to the CISG, which will come into effect on 1 September 2024, will introduce legal…
…also revealed that enforcement difficulties are particularly concerning for third–party funders, steering them towards funding smaller awards rather than larger, more high-profile disputes with an overtly political angle. In the…
…arbitration agreement; (ii) the bargain concluded unduly advantaged the stronger party and unduly disadvantaged the vulnerable party; and (iii) the arbitration agreement violated the claimant’s reasonable expectations by depriving him…
…a party that has been dragged to arbitration when there is no subsisting arbitration agreement. Why should such a party, then, be dragged (non-consensually) before an arbitral tribunal to prove…
…under the contract with a company called Litco Lumber. A company called New Alternative Oak, which was not a party to the respective sale and purchase contract, paid an advance…
…became the successor of the DIFC-LCIA Arbitration Centre. Whilst it is uncontroversial that arbitration is a matter of consent and a party should not be forced to arbitrate in a…
…will likely do well. Arbitration is an area very well suited to innovation. The principle of party autonomy allows parties to devise very flexible approaches to dispute resolution. Unfortunately, many…
…and third–party funders to assess an investor’s conduct more holistically before initiating or financing an arbitration. It further creates incentives for investors to better comply with global public interest regulation…
…Bielski, No. 22-105 (U.S. 2023), the U.S. Supreme Court held that litigation in district courts is automatically stayed when a party appeals the denial of a motion to compel arbitration,…
…(iii) was a member of that party’s legal council for many years, and finally, (iv) that his wife had worked for that party for 20 years, was not of a…
…When Third–Party Involvement is Crucial The next issue is, what can be done when a claim is related to a third party (or a third party’s involvement is crucial to…
…other than the State Party to the dispute or the State Party of which the investor is a national.” The “Africanization” of International Investment Law Is Necessary While African…
…The Act also incorporates the Singapore Convention on International Commercial Settlement Agreements Resulting from Mediation. The Act introduces innovative provisions, among which are those concerning third–party funding in arbitration, arbitrator’s…
…whereby a third party aims to bring the disputing parties closer to each other to be able to reach a settlement. The process would be deemed successful if the parties…
…to further issues of party consent and tribunal discretion. As discussed here, a party may be free to use AI to gather relevant documents upon which it may wish to…
…courts for damages suffered in Ukraine, Mr. Wochensky explained that the non-Russian party might not have any alternative route. The lack of an alternative route adds a layer of complexity,…
…Barnes (Cornerstone Research) and addressed the effects that bankruptcy of a party or sanctions imposed on a party can have on a pending arbitration. The panel included Shawn Conway (Conway…
