Clarity in Dispute Resolution Clauses
…of a stay of litigation and insisting on arbitration. By the advent of the current BVI Arbitration Act, 2013 the mechanisms for upholding arbitration clauses are now even more robust….
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Conflicting Dispute Resolution Clauses in Related Contracts in the UAE: Which Forum?
…to consider (as with any arbitration clause) whether the arbitration should be administrated by an institution or conducted ad hoc, which arbitrations rules are to apply, what the seat of…
The Impending Binance Arbitration: a Primer on the World of Cryptocurrencies, Derivatives Trading and Decentralised Finance on the Blockchain
…in common with many other disputes regularly brought to international arbitration: Binance has Terms of Use that provide a clear reference to HKIAC arbitration, a seat of arbitration in…
Private International Law Act, Set aside an international arbitral award, Supreme Court, Switzerland
Can an Arbitral Tribunal Award a Claim in a Different Currency Than Requested? – The Case of Switzerland
…Federal Supreme Court’s decision was an international investment arbitration proceeding under the ICC Rules. The dispute concerned the investment of several Turkish investors in cement plants in Syria. In the…
The Contents of the Yearbook Commercial Arbitration, Volume XLVI (2021), Upload 3
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. A new upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the…
Cultural Heritage Law and Investment Treaty Law: A Balancing Act?
Investor-state disputes often involve an interplay of different bodies of international law. In addition to investment law, disputes may invoke issues involving public international law, international human rights law, and…
Estonia: Public Policy Must Be Interpreted Narrowly
…of the legal order to which it belongs. Estonia has demonstrated itself to be an arbitration friendly country by defining public policy in a narrow way. Selected case law…
Aligning Human Rights in Business with International Commercial Arbitral Rules
…commercial arbitration: Objection 1: Arbitral rules are no place for substantive, non-contractual rights. Many of the widely-used arbitral rules such as Article 21 of the ICC Rules, SIAC Rule…
Arbitrability of IPR Disputes through the Lens of the Iranian Legal System
…laws include express provisions which authorize the resolution of certain IPR through arbitration. In other words, there exists a strong need to modify the current legal framework for arbitration in…
Can Derivative Action Claims Be Arbitrated? Scenes From A Convoluted Indian Approach
…of the company. Since the shareholders’ agreement contained an arbitration clause and the conduct of the respondents affected not only the company but also the petitioner, the court allowed the…
The Future of International Arbitration: The Road to Greener Arbitration and Reflections on the upcoming 2022 NAI Arbitration Rules and Recently Revised Arbitration Rules
…2022 NAI Arbitration Rules. The 2015 NAI Arbitration Rules already established a move from hard-copy communication to electronic communication. Taking this further, the 2022 NAI Arbitration Rules will provide for…
In Memoriam: Dr Minas Khatchadourian (1958-2021)
…However, at the forefront of his efforts was the drafting and publication of QICCA’s updated conciliation and arbitration rules in 2012. Given his vast knowledge of commercial arbitration and familiarity…
Interviews with Our Editors: Reflecting on Arbitration Down Under with Georgia Quick, President of the Australian Centre for International Commercial Arbitration
…and education in relation to arbitration. Let’s discuss ACICA’s newly revised Arbitration Rules and Expedited Arbitration Rules. This is now the fourth iteration of the institution’s rules since ACICA…
Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
…of an Emergency Arbitrator. Similarly, Rule 9.9 of the DIFC-LCIA Arbitration Centre Arbitration Rules, 2021 prescribes that an emergency award shall take effect as an award. Arguably, the term ‘arbitral…
The Contents of Journal of International Arbitration, Volume 38, Issue 5 (October 2021)
…continued legitimacy and success of international arbitration. Morten Broberg & Niels Fenger, Preliminary References to the European Court of Justice by Arbitration Tribunals When a court or tribunal of…
ARBinBRIEF: New Initiative Kicking Off With A Group Of Trailblazers
…Center. As a non-profit organization, NYIAC promotes and enhances the conduct of international arbitration in New York, offers educational programming, and operates arbitration hearing facilities. When Rekha was offered the…
Paris Arbitration Week: Arbitration and Trade Secrets
The Silicon Valley Arbitration & Mediation Center (SVAMC) held a virtual panel discussion on Arbitration and Trade Secrets during the Paris Arbitration Week. SVAMC’s CEO, Les Schiefelbein, opened the event…
Colombia Prevailed in Two Arbitrations Related to the Financial Sector under the Colombia-US TPA
…UNCITRAL Arbitration, and 50% of the legal fees spent in the ICSID Arbitration. The total sum of the money that Colombia would recover amounts to approximately US$ 2,9 million. However,…
foreign direct investment, Foreign Investment Law, Interview, Interviews with Our Editors, investor-State arbitration and mediation, ISDS, ISDS Reform
Interviews with Our Editors: Illuminating Investment Treaty Arbitration and Institutional Services with Antonio R. Parra, Former Deputy Secretary-General of the ICSID
…arbitration, may enlarge possibilities for resort to contract-based arbitration, which still represents a significant proportion of ICSID’s caseload. ICSID conciliation and fact-finding facilities may at last find users. If a…
Growing Gender Diversity in International Arbitration: A Half Truth?
…than half of the arbitrators on ICC tribunals in 2020 (52.3%) were from North and West Europe. The London Court of International Arbitration’s (LCIA) casework report for 2020 also notes…
Revision of the WIPO Arbitration Rules: Adapting to an Increasingly Remote Setting In Technology Disputes
…and coincides with revisions of other arbitration rules such as the ICC rules for 2021, LCIA rules for 2021 and the Swiss Arbitration Centre rules for 2021. Further changes concern…
Moldovan Supreme Court: Execution of Enforcement Title Falls Outside the Scope of the New York Convention
…(the “Respondent”). The award was issued by the arbitral tribunal in the arbitration administered by the Permanent Court of Arbitration at the Public Organization of Ukraine “Union of Investors of…
Paris Arbitration Week: Protecting Your Interest Through Interim Relief From Mainland Chinese Courts
…arbitration. Proposed amendments to Chinese arbitration law The last topic of discussion concerned the recent publication of the Revised Draft of Arbitration Law of the People’s Republic of China…
Paris Arbitration Week: Arbitration in the BVI, an up-and-coming hub in the Caribbean
…IAC Rules, which are modern UNCITRAL-based Rules, are the extant arbitration rules in the BVI. The BVI IAC is, however, working to amend the rules and is scheduled to release…