…will we begin experiencing a true technological disruption of arbitration. Disruption of arbitration The discussion kickstarted with a conversation on whether and to what extent arbitration could be disrupted…
…arbitration from commercial arbitration in that regard: commercial arbitration tribunals regularly interpret standard construction or oil and gas contracts, just as investment arbitration tribunals routinely interpret investment treaties offering similar…
…Moreover, both arbitrations were invoked under the India-UK BIT, conducted in accordance with UNCITRAL Arbitration Rules 1976, and administered by the PCA. The Cairn Arbitration was seated in the Netherlands,…
Wolters Kluwer Legal & Regulatory U.S. recently announced the inclusion of additional topics to the Practical Insights module in Kluwer Arbitration Practice Plus (KAPP). The 23 topics expand Kluwer Arbitration’s…
…Court found the arbitration agreement to be valid because the arbitration commission (viz. ICC) could be ascertained from the parties’ agreement on the arbitration rules.4)Beijing Dongcheng District Court (2018) Jing…
…in Egypt, where in particular investment arbitration is seen as contravening the national interest. It conforms to a global trend critical towards investment arbitration. Since the start of this millennium,…
…arbitration institutions. More precisely, the Permanent Arbitration Court for Money and Capital Markets and the Permanent Arbitration Court for Energy Matters were merged into the Permanent Arbitration Court Attached to…
…modification or concession to the losing side in the arbitration (particularly where the losing side happens to be a state entity). For instance, issues of legal costs or interest on…
…the Ninth Circuit case mentioned above appear willing to continue litigating the issue even though the underlying arbitration has concluded). Second, even if the parties to an underlying arbitration that…
…are: Careers in Arbitration, Mute-Off Thursdays, the Diversity Checklist, Women Way in Arbitration LATAM, Victoria Pernt’s myArbitration, breaking.through, the African Promise, SWAN (the Swedish Women in Arbitration Network), the Cross-Institutional…
The 2021 SIAC Congress held virtually on 10 September 2021 drew arbitration aspirants and practitioners from all over the globe, and sought to grapple with the key challenges of the…
…the requirements of international businesses by introducing various innovative mechanisms over the last 30 years, like emergency arbitration and early dismissal provisions. However, he predicted that the next 30 years…
…legal inconsistency, uncertainty, and disputes.1)Gary Born and Marija Scekic. Chapter 14: Pre-Arbitration Procedural Requirements. ‘A Dismal Swamp‘ in Caron, d. David. Practising Virtue Inside International Arbitration. Oxford University Press, November…
…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…
…interpretation of the disputed provisions, and (ii) the fact that the arbitration’s seat was Paris, France: this called for the application of EU law by the French courts, and the…
…takeaways. Traditional legal education revolves around teaching sound legal reasoning, good research, and writing skills. When studying court decisions or arbitral awards in law school and professional courses, the psychology…
…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…
…Serving as a safety net in the contemporary legal framework of international arbitration to protect national values and interests, the public policy exception was maintained and confirmed by both Article…
…either legal or professional, and accordingly no single set of rules. A pluralism of approach is the predictable and welcome outcome. Arbitration is, after all, also known for its flexibility….
…not interfere in the administration and autonomy of arbitration centers, which is positive given that in the past the Judiciary has tried to interfere in the conduct of arbitration centers….
…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…
…is stipulated in article 8(3)(c) of the QFC Law as well as under article 9.1.4 of the QFC Court Regulations and Procedural Rules (“Rules”). These provisions provide that the QFC…
