…to expedited arbitration rather late in the day. A number of commercial arbitration institutions have already adopted procedural rules on expedited or fast-track arbitration and gathered experience with that format….
…Arbitration Law (“Arbitration Law”). Still several major arbitration institutions in Mainland China have introduced the concept of emergency arbitrator into their arbitration rules. Since 2017, we have seen at least…
…The 2019 decision concerned the recognition and enforcement of an arbitral award rendered under the auspices of the London Court of International Arbitration (LCIA). During the LCIA proceedings, the Respondent…
…parties to arbitration” in the first place. Should the HRC Cologne find the arbitration clause in the underlying ECT to be invalid, no legal basis would exist for the parties’…
…arbitration forums. Traditionally, Hong Kong’s BITs have referred to settlement of disputes using only the UNCITRAL Arbitration Rules. For example, the Hong Kong-Japan BIT provides that after a period of…
…of international arbitration. Our 2021 Arbitration Idols are once again distinguished leaders from around the globe who have generously donated their time to Arbitration Idol 2.0 and by doing so…
…The New One-Stop Shop And Other Good News In his message, ASA President Felix DASSER shares the news of the launch of “Swiss Arbitration”, the one-stop shop for arbitration and…
…one must not confuse Emergency Arbitration with Expedited Arbitration: Emergency Arbitration is about urgent interim relief; Emergency Arbitration may well interact with Expedited Arbitration. As final thoughts, Patricia Shaughnessy offers…
…ultimately, how they compete.” Similarly, the potential for AR in international arbitration could be significant for a number of reasons. First, our shared experience in the arbitration community of successfully…
…Do with It?). This dramatic change over a limited period of time in the conduct of arbitration hearings relied on videoconferencing tools that had been available for many years already…
…the power to determine the admissibility, relevance, materiality and weight of any evidence’. This is mirrored in most arbitration rules. By contrast, the ICC Arbitration Rules remain silent as to…
…corporate social responsibility (‘CSR’) obligations—with a focus on the endangered elephant in the room, environmental provisions—on the investment treaty landscape in Europe. Shortly put, despite these developments remaining unresolved or…
…2019, 2) Interactive Arbitration Rules 2019, and 3) UNICITRAL Arbitration Rules 2010 and Administrative Rules for UNCITRAL Arbitration 2019. The Commercial Arbitration Rules 2019 was designed to make arbitration more…
…freedom of speech and expression to new heights. However, this unrestricted freedom has caused trouble in the domain of arbitration. Tweets and posts made by an arbitrator have the potential…
…of the 2013 UNCITRAL Arbitration Rules, the PCA tribunal unanimously dismissed the entire case for lack of jurisdiction ratione personae, in accordance with the provisions of the Investment Chapter of…
…New York Convention, the rules clarify that any dispute submitted to arbitration under the Hague Rules is deemed to have arisen from a commercial relationship or transaction. The Hague Rules…
…the company receives an award in its favour. In the Antrix case, Devas received a commercial arbitration award, and its investors received several treaty arbitration awards in their favour. However,…
…the proper forum and choice of law rules to apply to issues of counsel conduct in international arbitration. Perhaps it is time to trade in the glass slipper for a…
…1 July 2021. The revision of the VIAC Rules of Arbitration and Mediation was triggered by the drafting of the new standalone set of VIAC Rules of Investment Arbitration and…
…Settlement of Investment Disputes Arbitration Rules (the “ICSID Arbitration Rules“). Hence, entering into the ICSID Convention alone does not imply the assignment of any sovereignty of the Ecuadorian State. Notably,…
…key to maintaining a functional relationship between Canadian courts and domestic arbitration is to take a cue from dysfunctional parent-child relationships: allow arbitration to emancipate itself (at least in part)…
…regarding issues governed by this Agreement…”. The tribunal recalled the absence of admissibility rules for counterclaims under the UNCITRAL Rules and followed the two-step approach in Saluka, to confirm that…
Confidentiality is one of the distinctive features of arbitration and is often promoted as an advantage of arbitration. Most arbitral institutions require arbitral tribunals and parties to preserve confidentiality of…
…conflicts of interest. (e.g., South Africa, Thailand) Yes A code of conduct for arbitrators should be standardized Developing a standardized and widely accepted code of conduct, with clear and enforceable…
