…respondents identified arbitral institutions, and 56% named “arbitration interest groups/bodies” as the stakeholders who are best placed to influence the evolution of international arbitration.2)2018 QMUL-W&C International Arbitration Survey, Chart 39….
…a clause for ICC arbitration in Shanghai was valid, against the minority opinion that the clause was null and void, even though the ICC was not an arbitration institution registered…
The Arbitration Committee of the New York City Bar Association has recently published a report titled: “The Functus Officio Problem in Modern Arbitration and a Proposed Solution” (the “Report”). In…
…Court of Arbitration, the Civil and Commercial Court of Arbitration and the Spanish Court of Arbitration), the MIAC consolidates the institutional infrastructure that is required to nourish a fertile arbitration…
…Headstrong Clients The introductory theme of the discussion concerned the client-expert relationship, and its interrelation with the expert’s duties in an arbitration. On being retained for any given arbitration, Dr….
…don’t really see ourselves in competition with other institutions. For SIAC Americas, we want to be part of the arbitration community in the Americas and work with arbitration stakeholders on…
…Pearsall – brought to the table their views and practical insights on different topics. The discussion focused on litigation, arbitration, and mediation; how to streamline arbitration proceedings to reduce costs…
…cross-examination. But the struggle to ascertain the truth remains real in international arbitration. Tribunals and counsel frequently face the tough question of what exactly they may, or must not, do…
…overall proceeding. User sentiment and the reasons why arbitration is chosen Interestingly, the freeform comment field in relation to common complaints with arbitration indicated that arbitration too often resembled…
…(and London). As such, and as in 2019, LIDW focuses on more than just arbitration. The second session of the first day of LIDW 2021, 10 May 2021, discussed London…
…arbitration and increase said efficiency. The Lack of a Regulatory Framework Applicable to Party-Appointed Experts Most national laws and institutional arbitration rules set out specific provisions for tribunal-appointed experts…
…underlying arbitration agreement. In its decision, the tribunal explained that in general terms, Panama’s Arbitration Law expressly established the competence-competence principle. Additionally, the tribunal pointed that the “Sala Cuarta de…
…initiative taken by Brazil, which is strengthening its arbitration-friendly legal framework, and promoting arbitration as a means of solving disputes arising from public contracts. Other specific statutes already contained provisions…
…the correctness of the Annulment Decision,1) See e.g. Gary B. Born, International Commercial Arbitration, 3rd ed. (Kluwer Law International, 2021), Chapter 12, fn 1476, who states that the Annulment Decision…
…recalls that, according to Achmea, commercial arbitration between private parties “originates in the freely expressed wishes of the parties”, adding that in commercial arbitration, not only the “arbitration agreement but…
…functions for arbitration related communications. As aptly stated in the ICCA-NYC Bar-CPR Cybersecurity Protocol for International Arbitration (2020), cybersecurity requires effort from all stakeholders. Currently, ongoing initiatives aiming to bridge…
…Commercial Code, which states, in its relevant part, that a party interested in enforcing an arbitration award must file the original arbitral award “duly authenticated”.1)Precedent generated by Contributors (CAMYA ABOGADOS)…
…their dispute to arbitration, have undertaken to respect the enforcement of the arbitral award and therefore have the duty to assist the court in the just, cost-effective and efficient resolution…
New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to…
…of international arbitration, having now found its place in the latest version of the ICC arbitration rules, and with pro-arbitration jurisdictions Singapore and Hong Kong shedding their historical impediments to…
…Arbitration (PCA) in the Hague ending with the final awards laid out on more than 600 pages per arbitration, the former shareholders attempted to enforce the awards by seizing assets…
…This presents a problem since the duty itself has been implied in a mandatory provision of the English Arbitration Act 1996 (the “1996 Act”) and thus ought to, by definition,…
Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The first upload of materials for the 2021 volume of the Yearbook contains a small selection of interesting cases….
…with arbitration, but rather how the two co-exist. Arbitration may have gained an ally on the path to simpler enforcement, setting aside proceedings, and court assistance in support of arbitration….
