…China and the antiquated PRC Arbitration Law. A modern national arbitration law consistent with international practices is a fundamental prerequisite for consideration as a safe seat of arbitration. Thus, enactment…
…consumer arbitration in 2017; introduction of detailed rules for arbitration of corporate disputes in 2019. This blog post looks at how the law operates and analyzes the statistics of post-award…
…UNCITRAL award rendered in 2013. Since the arbitration proceedings, the debate focused on whether the tribunal had ratione materiae jurisdiction over the claimant’s contractual rights, and more specifically whether the…
…a person’s mind. In the case of international arbitration, each arbitrator has his/her own personal sense of fairness and may have a strong desire to be seen as competent and…
…to the UNCITRAL Arbitration Rules, which provide for a different appointment mechanism to the LMAA Terms. The Defendant failed to engage substantively with the Claimant’s Reference to Arbitration and subsequent…
Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian…
…the Middle East and Africa. Arbitration is polycentric. No single institution, law firm, group of law firms, or professional body can speak for arbitration as a whole. Nor is there…
…regarding arbitration. The Regulations will officially enter into force in the upcoming days once published on Ecuador’s Official Registry. Arbitration involving the State and State entities According to article…
…tribunal ought to recognize. The Legal Consequences of Recognizing Environmental Protection as an Emerging Erga Omnes Obligation in Investment Arbitration The legal effects of environmental protection as an erga…
…reach out to shortlisted candidates for an interview. The Editorial Board of Kluwer Arbitration Blog announces the opening of the Assistant Editor to the Editor of Kluwer Arbitration Blog…
…passing. We join the international arbitration community in mourning this great loss. His invaluable contributions to progress international arbitration in Qatar and the wider region will be fondly remembered. References[+]…
The views of the party-appointed experts in an arbitration may differ substantially, making it difficult for tribunals to navigate within the multiple areas of disagreement. Even if the disagreed issues…
…reach out to shortlisted candidates for an interview. The Editorial Board of Kluwer Arbitration Blog announces the opening of the Assistant Editor to the Editor of Kluwer Arbitration Blog…
…including the determination of its SEPs licensing rate by arbitration. FRAND Arbitration Guidelines – Salient Traits Against this backdrop, in 2017, the World Intellectual Property Organization (WIPO) Arbitration and…
…arbitration on 2 February 2021 and Uniper commenced ICSID arbitration on 30 April 2021. Uniper and RWE also commenced court proceedings (presumably one procedure per power plant, as reported to…
…most important centre of arbitration in Brazil. Now that the Brazilian Arbitration Act has been in effect for 25 years, how do you see the role of arbitration institutions,…
…Allegations of Improper Delegation to the Arbitral Secretary The court was asked to rule on a petition for annulment of an interim award in an ongoing ICC arbitration. The request…
…can no longer arise with respect to proceedings before the Lausanne-based Court of Arbitration for Sport (CAS), as Article S18(3) of the Code of Sports-related Arbitration (CAS Code) explicitly provides,…
This post is in response to the post titled “The First Year of Tanzania’s 2020 Arbitration Act” published on the Kluwer Arbitration Blog on 21 April 2021. In the above-mentioned…
…arbitration. Her dissent was grounded in jurisprudence from Chapter 1 of the FAA, which addresses domestic arbitration law (noting that Chapter 2 of the FAA addresses international arbitration law, by…
…and Psychology in Advocacy in International Arbitration. Part of the dialogue focused on reviewing whether theatrical study could be useful to lawyers in enhancing their oral advocacy. I would like…
…gave rise to 3 distinct sets of proceedings—one commercial arbitration before an ICC tribunal, and two investment arbitrations under the India-Mauritius BIT and the India-Germany BIT. Each of these proceedings…
…breach of contract and unjust enrichment. The contract contained an arbitration clause requiring disputes to be submitted to arbitration under the American Arbitration Association (“AAA”) “in the city where Freshii…
…favour of the petitioners. Both petitioners then approached the Court under Section 36 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking enforcement of the awards against assets of…
