…to arbitration clauses found in such agreements. Parties agreeing to such arbitration agreements can be certain that a wider gamut of possible disputes would be covered, and that there would…
…Rules; the UNCITRAL Arbitration Rules; or, any other arbitral institution or arbitration rules that the claimant and respondent agree on (Article 9.19.4). The arbitration must be commenced within three years…
…Board (“Board”) invoked the arbitration agreement they had signed with the contractor. The contractor did not comply with the terms of the appointment in the arbitration clause and petitioned the…
…the counterparty can adopt appropriate rebalancing measures, and if there is any issue regarding safeguard measures, that party may then resort to arbitration procedures. However, there is no provision for…
…action arbitration rules are put together, the Korean arbitration community may be consulted for comments and suggestions on changes to the proposed class action arbitration rules, especially on arguably the…
…of Arbitration. It sought, in particular, a proclamation that State-owned entity (SOE), Air India “should be held jointly and severally responsible for India’s debts, including from any judgment resulting from…
…globe that have sprung like mushrooms after the rain. One of such related cases is Luxtona Limited v. The Russian Federation, a PCA-administered, Toronto-seated UNCITRAL arbitration brought by a former…
From 20-26 July last year, this Blog ran a series on the Energy Charter Treaty (ECT) modernisation process. The Energy Charter Conference (the Conference) had recently established a Modernisation Group…
…full-fledged arbitration – and thereby also agree on arbitration rules applicable to such proceeding – the cost for the arbitration proceeding will be in line with those rules. It is…
…as registration) and enforcement. The Arbitration (International Investment Disputes) Act 1966 (UK Arbitration Act), and the Civil Procedure Rules 1998 part 62.21 outline a procedure for registration and enforcement of…
…a document confirming the submission of the Initiation document to an arbitration institution (Confirmation document). While the arbitration rules will generally define what document will serve to initiate arbitration, the…
…Romania’s accession to the EU (see earlier blog here). The Nuances of Achmea Since the Micula arbitration was based on an intra-EU BIT, it is unsurprising that arguments based…
…upon these criticisms to significantly restrict the use of arbitration to resolve disputes with German state entities. The Reich Directives provide a neglected, but instructive, historical perspective on arbitration law…
…PESA commenced arbitration against Uraltransmash claiming over EUR 55 million in damages. Having initially participated in the arbitration for over two years, Uraltransmash – whose parent company Uralvagonzavod has since…
…to arbitration (or conciliation) all disputes falling under its jurisdiction. At the end of the day, investment arbitration, as commercial arbitration, is a creature of consent. Hence, being a party…
…State-owned power operator (which in 2000 was in the process of privatisation). The agreement contained a clause referring disputes to arbitration under the rules of the Arbitration Chamber of the…
…the proceedings (BEG). In BEG, the ECtHR affirmed that the key mechanism for engaging responsibility is the interaction between arbitration and the State’s legal order. Interestingly the ECtHR noted that…
The Vienna International Arbitral Centre (VIAC) has further strengthened its arbitration offering by adopting brand new, stand-alone investment arbitration and mediation rules, the VIAC Rules of Investment Arbitration and Mediation…
…problem based on the regulations of the Russian Arbitration Center (“RAC”) at the Russian Institute of Modern Arbitration (“RIMA”): The RAC Administrative Office Employees Depending on the position of…
…anti-arbitration injunction sought by a non-party to an arbitration agreement should not be determined any differently from an ordinary interlocutory injunction. This was because the Malaysian Arbitration Act 2005 and…
…is not applicable to “arbitration”. In view of the debates of the scope of this so-called “arbitration exception” under the Brussels Convention and the Brussels I regulation, the predecessor to…
…areas: The risk of an issue which arises late in an arbitration, or is not properly pleaded, falling outside the terms or scope of submission to arbitration, rendering an award…
The institution of emergency arbitration (EA), in general, and its usage in investment treaty-based disputes, in particular, is a relatively new procedural tool. In investment disputes, EA has reportedly been…
…of the arbitration agreement. A mandatory law of the forum where the contract is to be performed may render the arbitration agreement invalid. Applicable mandatory laws may also affect the…
