…offer much food for thought in bringing arbitration to technology and technology to arbitration. Further posts on our Arbitration Tech Toolbox series can be found here. The content of…
…an unwritten arbitration agreement that also includes the non-signatory. Making matters more precarious, such an exercise ignores that Indian arbitration law that requires arbitration agreements to necessarily be reduced to…
…with the practice of repeat appointments in sports arbitration. It is worth recalling in this connection that the SFT itself has advised that sports arbitration is effectively non-consensual (4P.172/2006, c….
…Kos suggested that OECD and the arbitration community should engage more with each other on the topic, and that the arbitration community should contribute to battling fraud and corruption. …
Canada’s west coast has long welcomed arbitration as a means of dispute resolution and provided a venue for arbitrations of all kinds. The Vancouver International Arbitration Centre (VanIAC) – established…
…One was an exclusive jurisdiction clause in favour of the English courts and the other was an arbitration clause, which did not specifically designate a seat of arbitration. The Court…
…10 of the contract also refers to Nauru’s duty not to expropriate NORI’s assets. Finally, this sponsorship agreement selects arbitration in accordance with the UNCITRAL Arbitration Rules for the settlement…
…by allowing investors to bring claims in investor-state arbitration (ISDS). However, the road to investor-state arbitration is more cumbersome for some investors than for others. This post analyses BITs concluded…
…also, in the words of one commentator, declared general policy exceptions – one of the hallmarks of most reformed IIAs – “to be effectively irrelevant in investment arbitration.” The Eco…
…of ICC International Court of Arbitration), Mr Alex Parker (Assistant General Counsel of APAC Investigations and Dispute Resolution), Ms Earl Rivera-Dolera (Head of International Arbitration Practice, Frasers Law) and remotely…
…the landmark Amazon.com v. Future Retail Ltd judgment which recognises a key tool in arbitration, namely emergency arbitrations, and allows for the enforcement of emergency arbitration awards in India. The…
…under the ICSID Arbitration Rules and in the most recent version of the Code. It is also reflected in the explanation of General Standard 3 of the IBA Guidelines. In…
…Investment Arbitration Proceedings Initiated under Limited-Scope BITs are Rarely Successful Dr. Herfried Wöss started with a short overview of the different phases of investment arbitration regarding jurisdiction, merits, and damages….
…and interpreting dispute resolution clauses. Interview with Claudia Salomon: Establishing an Arbitration Career Joanna Kisielińska-Garncarek (GESSEL) began her interview of Ms Salomon with questions about her arbitration journey. Ms…
New features for the Profile Navigator, Relationship Indicator, and expanded Awards search capabilities will equip arbitration practitioners with faster and on-target research and actionable insights Wolters Kluwer Legal & Regulatory…
…arbitration as it treated the request as inadmissible and simply re-affirmed what was already known: intra-EU arbitration under the ECT is contrary to EU law. While investment tribunals have generally…
…investment arbitration was caused by the Achmea decision, not the agreement to terminate BITs (LSC judgement, para 50). Hence, the Court held that the prohibition of investment arbitration between EU…
…series of pro-arbitration legislation that goes back to the seventeenth century and the introduction of the 1698 Arbitration Act, one of the first arbitration statutes in the world. The 1698…
…ruling and bar intra-EU investment arbitration (see coverage here). Most notably, this intention was pursued through the adoption of the Termination Agreement, a multilateral treaty signed on 5 May 2020…
…courts are extremely cautious in refusing or rejecting recognition and enforcement of foreign arbitral awards. Lack of valid arbitration agreement, and violation of arbitration agreement/arbitration rules/law of the seat, are…
…and even such notifications have been held to be merely informational and not binding qualifications on state consent. Further, limiting the scope of states’ consent through arbitration agreements in BITs…
One of the articles authored by Dr Monique Sasson and featured in the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, edited by Dr Monique Sasson,…
…prevalence of arbitration in the region, it is odd that no arbitration institution in the GCC has specific rules for FBD. This is all the more surprising when the speed…
…be made through the arbitration process: a high proportion of post-M&A disputes are resolved through arbitration, and arbitration worldwide is growing steadily. Depending on the alleged breach being remedied, this…
