…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…
…the context of the general rules on civil liability under domestic law and not in the context of arbitration proceedings, and that the Romanian Competition Council had classified the original…
…arbitration. Among other things, the Directives contain recommendations regarding the drafting of arbitration agreements and the conduct of arbitral proceedings which, while in some areas outdated, could in other respects…
…courts or arbitrations (Articles 248.1(3) and 248.2 of the APC). Article 248.1(4) of the APC notes that the provisions of this article “also apply” when the arbitration agreement is “incapable…
…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…
…the 2019 Netherlands Model BIT (Art. 20(6)), and rules of arbitral institutions (see e.g. Art. 11.4, 13.4 of the 2018 HKIAC Rules; and Art. 5(5) of the 2020 LCIA Rules)…
…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…
…conduct of the parties in having “embraced” (or otherwise) the new issue(s), whether expressly or by conduct,7)At [52]. and the opportunity the parties had to address that issue.8)At [52]. Ultimately,…
…carried out in practice only under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Rules”). Conducting EA proceedings in investment disputes is usually associated…
…were “capable of settlement by arbitration” under s 7(2)(b) of Australia’s International Arbitration Act 1974 (Cth), being Australian domestic law implementation of Article II of the New York Convention. Blue…
…put it: “It is hoped that the new Convention will do for choice-of-court agreements what the highly successful 1958 New York Convention does for arbitration agreements.”2)Andrea Schulz, The Hague Convention…
…commentator on the New York Convention underscore the fact that recognition courts conduct de novo review of jurisdictional determinations under Article V(1)(a), while annulment courts conduct the same review under…
…will result. At least two factors are likely to influence judges to apply the Hague Convention’s scrutiny provisions more leniently than they apply the corresponding provisions of the New York…
…to respond, firmly, against the charges laid at the Convention’s feet. In Part I of his series, Born asserts: “the Convention seeks to transpose the New York Convention’s legal regime,…
Founded in 2013, the New York International Arbitration Center (“NYIAC”) is a non-profit organization that promotes and enhances the conduct of international arbitration in New York, offers educational programming, and…
…nullity incapable of being enforced because the arbitration was a nullity from the outset. An arbitration commenced against a non-existent legal person was a nullity unless the use of the…
The legal industry has benefited tremendously from recent technological advancements, leading to the expansion of Legal Tech as the driving force for progress in this field. More and more tools…
…New Zealand and was moderated by Erika Williams (Williams Arbitration). Rocio Digon, RAI co-founder and legal consultant at White & Case gave her opening remarks briefly introducing the RAI initiative…
…to directly apply “the law or rules of law which it determines to be appropriate”. This adopts the approach in Article 35(1) of UNCITRAL Arbitration Rules which is also the…
…had established a worldwide reputation as an advocate and adviser on thorny questions of public international law, mostly involving sovereign-to-sovereign disputes. Then came the great boom in international investment arbitration,…
