…Convention are only available to member states and their nationals, the same does not apply to the amended Additional Facility Rules (AFR). Under the updated rules, Additional Facility arbitration and…
…the long-awaited, new DIAC arbitration rules (New DIAC Rules), which came into effect as of today (21 March 2022). The New DIAC Rules will apply to all requests for arbitration…
…legal principle. Any exercise of the supervisory jurisdiction under Article 227 should be limited to only arbitration-related court proceedings. Article 227 and its extension to arbitration Article 227 provides…
…automation could lower the barriers to entry for funding of smaller, “plain vanilla” arbitration claims, creating entirely new categories of fundable claims. As long as a given claim has a…
…institutional rules exclude the possibility of any non-mandatory appeals (see for example Rule 26.8 of the LCIA Rules, and Article 35(6) of the ICC Rules). This provision has always been…
…a time-consuming, costly, and burdensome process. This has prompted practitioners to come up with the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) as an alternative…
…disputes falling in the second category – which are settled through arbitration under the ICSID Convention, UNCITRAL rules or under any other arbitration rules – that the treaty has introduced…
…Consequently, interactions in Web 3.0 will give rise to a new class of commercial disputes, exclusive to this new world, furthering the scope of autonomous arbitration. Conclusion International arbitration,…
…Dubai and Dubai International Financial Center (DIFC) courts. It thus remains to be seen if the alternatives granted by the new arbitration rules will not undermine the enforceability of the…
…under the ICC Rules of Arbitration inter alia on the ground that the arbitrators allegedly failed to properly sign and date the award. The tribunal rendered its award on 26…
…the discrepancies between the DIFC-LCIA arbitration rules, which largely mirrored the LCIA Arbitration Rules, and the current version of the DIAC Arbitration Rules, which were last updated in 2007. With…
When States participate in investor-State arbitration and lose, they become award debtors like any other losing party in for instance international commercial arbitration. When it comes to execution against States,…
…it may prove that users of arbitration will be first in Ukraine to benefit from new mediation related changes in legislation, boosting the use of arbitration in Ukraine even further….
…legal scholars have approached the question of judicial review of alleged “pathological” JIs in various ways (for a survey see here and here). In my view, the most appropriate solution…
… Features of Blockchain Arbitration and the Blockchain Arbitral Order Due to its decentralized nature, blockchain arbitration currently presents some incompatibilities with the existing arbitration legal framework due to, for…
…the area of investment arbitration in the years to come. Some aspects of crypto assets raise completely novel legal issues that are challenging to gauge absent guidance from jurisprudence, e.g….
…relief in support of an arbitration. One exception is arbitration related to personal injury claims, where ORFSs would be void and unenforceable (although we rarely see personal injury claims in…
…‘dynamic idea of arbitration law that transcends the often narrow boundaries of legal fields and legal traditions. Indeed, arbitration scholarship in the last twenty years has become more diverse and…
…a war of aggression (as well as directly doing so). The same rules of international law apply to Putin’s war against Ukraine and the same charges can be levied against…
…The Permanent Court of Arbitration was the crowning achievement of the Hague Conference. The momentum for arbitration had been growing for years, and the delegates seized the opportunity by securing…
…sea change by exercising their economic clout. This aligns well with ideas discussed at New York Arbitration Week and CanArbWeek. Arbitration remains a service industry and, as the industry’s needs…
…Investment Agreement (2017)). Clauses permitting mediation at any point in time (i.e., stand-alone mediation). These clauses provide, in addition to typical provisions permitting arbitration of a dispute, that the parties…
…is advised by independent and experienced arbitration practitioners and global leaders in the field of international arbitration and dispute resolution. The Delos Rules differ to the rules of other major…
…Tribunal acted under the UNCITRAL Rules and the dispute was brought under the Guatemala-Israel BIT (2006) (the “BIT”). Among the many legal issues analyzed by the Tribunal, this entry focuses…
