…Arbitration Association – A Swiss Perspective Alexandre LAUTE offers a “Swiss” perspective on the arbitration rules of the 2021 Nordic Offshore and Maritime Arbitration Association by comparing these rules with…
…don’t publish information on it, and the various surveys of practitioners and clients that are published from time to time don’t discuss it. But my experience of arbitration practice over…
A little over a decade has passed since the introduction of the Model Law on International Commercial Arbitration in Australia as the framework for uniform domestic arbitration legislation. Before this,…
…the new proposal is that it excludes arbitration from all those matters that fall under these new tribunals’ jurisdiction (Article 331, number 4). This prohibition has generated considerable debate in…
…law of the seat and the involvement of Brazilian lawyers appearing on both sides. Brazilian legal practice would have informed the parties’ expectations of the conduct of the arbitration. Significantly,…
…Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration). Also, CAM-CCBC’s draft 2022 arbitration rules contain a provision authorizing the publication of excerpts of awards. However,…
…the agreement to an arbitration agreement, and the athlete is thereby “forced” into arbitration (here: a disciplinary CAS arbitration concerning alleged violations of anti-doping rules), the arbitration agreement is invalid…
…dispute are legal or natural persons. The new Article 281 of the EPC specifies that cases related to arbitration proceedings provided for by the Law “On International Commercial Arbitration” are…
…arbitration community reacted to it so far? The development of a new Code of Conduct is a reform initiative that has a significant amount of support. I think all delegations…
…where the two apparently conflicting rules can be reconciled (Pauwelyn, at 272). This was not the situation in Green Power, however, where two rules plainly clashed: Article 26(3)(a) required Spain…
…forth in the BAL and in the applicable arbitration rules – in that case, the ICC Arbitration Rules. However, the Court concluded that the second motion for clarification filed in…
…Kong International Arbitration Centre (HKIAC) In this case, HKIAC decided on a prima facie basis to proceed with the arbitration under the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”) in…
…Rules on the Efficient Conduct of Proceedings in International Arbitration (the “Prague Rules”). The Prague Rules offer an alternative to the IBA Rules and were designed to provide a civil…
…will apply as a substantive rule of arbitration law, not through [Singapore’s arbitration legislation], but from the common law.” In light of the review of the Arbitration Act 1996, it…
…Legal Framework to the Investment and Governmental Measures The Tribunal first determined that Respondent’s legal framework offered the Government certain leeway in the exercise of its supervisory duties. Claimant questioned…
…referred to as “New Article 5aa(3)(g)”). New Article 5aa(3)(g) Does Not Vitiate Other Restrictions of the EU Sanctions Program that May Affect Arbitration Proceedings and Arbitral Awards The concerns that…
…transactions exception applied. So did the arbitration exception, which covers cases where a State agrees in writing to submit a dispute to arbitration (section 9 of the SIA). Given that…
…of arbitration. According to the Supreme Court, Swedish law is applicable to an arbitration if the arbitration agreement states Sweden as the place of arbitration, even if the dispute is…
…to Article 3.2, the Law does not apply to special types of arbitration such as employment and consumer arbitration, which are governed by specific legal provisions. Among the provisions applicable…
…issue or one of professional ethics? Which rules or standards apply, or do multiple sources apply to the same conduct? What remedies are within the tribunal’s competence? All three of…
…hearings in international arbitration and the increase in use of new means of communication to facilitate the conduct of arbitral proceedings and to minimise the costs. The Court also referred…
…the Funder and Arbitration Process The Serbian Arbitration Act is only applicable if the seat of arbitration is in Serbia, and it provides strict rules for costs of arbitration. Art….
…the beginning”. When it comes to international arbitration, the beginning is easy enough to discern from the notice of arbitration. Divining the end can be more difficult, especially if issues…
…agreement but perhaps even the seat of arbitration they choose. In 1915, the House of Lords in Dunlop Pneumatic Tyre v. New Garage & Motor Co. Ltd. (“Dunlop”), found that…
