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…
…public contracts to include CAM-CCBC’s dispute resolution clauses. The CAM-CCBC arbitration rules are considered to be aligned with most internationally recognized arbitration rules and are one of the most important…
…the ICC’s Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration in the 2019 version (the “ICC’s Note” or the “Note”), available here. The parties had expressly…
…for arbitration with the CAS-CNOSF, seeking the payment of fees under the Agency contract. A three-member Tribunal was constituted under the CAS-CNOSF Rules then in force. During the arbitration, SMI…
…Act, a party cannot make an application for stay of legal proceedings pending arbitration unless he has first taken appropriate procedural steps to acknowledge the legal proceedings against him, or…
…state contract law that governs the arbitration agreement governs equitable estoppel claims to compel arbitration. The fact that the arbitration agreement in this case was under the New York Convention…
…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…
…reference. Very few debates in the legal field cut across international jurisprudence in the way as discussions regarding the validity and binding nature of arbitration agreements incorporated by reference. The…
…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…
…non-regression provisions, rebalancing mechanisms, and dispute settlement mechanisms, among others. While the inclusion of such provisions is to be celebrated, several loopholes in the TCA may prevent them from achieving…
…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…
In May 2021, Cairn Energy PLC filed a lawsuit before a New York Court to enforce a USD 1.2 billion investor-State arbitral award against India passed by the Permanent Court…
…violations committed by the third State. Its content and implications, however, raise concern. The situation that may trigger such response appears to be difficult to define in legal terms. Moreover,…
…that the “ratio” of Cargill was applicable to Art. 16(3) applications, adding that neither of these provisions constrained the Court to the four corners of the arbitration’s evidentiary record.6)2018 ONSC…
…process its determination to reform investment protection standards and ISDS, on the one hand, while including new provisions on sustainable development and climate change, on the other. The Commission has…
…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…
