…judicial reorganization nor the declaration of bankruptcy invalidates the arbitration agreement or impedes the initiation of the arbitration procedure (Article 6º, § 9º). Challenge of Arbitration Awards Moreover, the decision…
…found its way into the 2010 update of the institutional arbitration rules of the Netherlands Arbitration Institute (“NAI”) (see Article 55(2) of the NAI Rules, 2010). The confidentiality rule can…
…new arbitration law in Ecuador, and the negotiation of new BITs and trade agreements with the US, Mexico and different Caribbean countries. The shift against investment arbitration of the EU’s…
…is precisely what The Hague Rules on Business and Human Rights Arbitration seek to supplement. The Hague Rules modified the 2010 UNCITRAL arbitration rules to adapt them to human rights…
…II: Expedited Arbitration Provisions as Stand-Alone Rules, or Appendix and When Should They Apply, Kluwer Arbitration Blog, September 16, 2020; Julián Bordaçahar, UNCITRAL, Expedited!, Kluwer Arbitration Blog, July 14, 2021;…
…the Court refer the parties to arbitration in accordance with s9 of the Arbitration Act 1996 which provides as follows: (1) A party to an arbitration agreement against whom legal…
…18 months, but again this depends on the facts of the particular case and the conduct of the parties. 4. VanIAC’s Domestic Arbitration Rules were amended in 2020, coinciding…
…which indicates that, where an arbitration is subject to that law, the arbitration agreement will also be treated as governed by that country’s law” may imply that the arbitration agreement…
While the second wave of Covid-19 hit India harder in 2021 than in 2020, this did not hamper progression in the legal sphere. 2021 saw several notable arbitration-related developments including…
…rules and then the arbitrator’s disclosure duty under article 1456 CPC, expressly stated that its content was not limited to what was foreseen under the arbitration rules chosen by the…
…be reimbursed in arbitration proceedings. Stepan Sultanov as a part of KIAP team has been involved in the LCIA arbitration; Piotr Gajek as a part of WKB team has…
…is a place which where the enforcement of international arbitration awards is frequently sought. In light of the above, one would expect Cyprus to be arbitration-friendly for the above purposes….
…This post will examine Ukraine’s track record of concluded and pending investment arbitration cases and shed light on new proceedings initiated in 2021. Investment Arbitration Involving Ukraine: Background In…
…for overzealous lawyering and foster good faith in arbitration. Boris CATZEFLIS, Dorothee SCHRAMM, Statutory Arbitration Clauses of Swiss Companies Boris CATZEFLIS and Dorothee SCHRAMM examine arbitration clauses included in…
…arbitration at the Singapore International Arbitration Centre. If both parties fail to reach a consensus on the outcome of the arbitration at the Singapore International Arbitration Centre, either party has…
…the UNCITRAL Arbitration Rules by an Austrian and a Croatian bank, Raiffeisen Bank International and Raiffeisen Bank Austria, against Croatia based on the 1997 Agreement between the Republic of Austria…
…rooted in contract”.18)Sundaresh Menon, “Arbitration’s Blade: International Arbitration and the Rule of Law” (2021) 38(1) Journal of International Arbitration 1 at 9. The difficulty in applying the “tribunal versus claim”…
…The Lost Precedents of Arbitration Concerns have been expressed that commercial common law is not developing as it should due to disputes being resolved by confidential international commercial arbitration where…
…validity of arbitration clauses. When it comes to legal sources, except for Article VI (2) of the European Arbitration Convention, the leading international legal instruments of contemporary arbitration (like the…
…arbitration clauses, the plaintiff in this case, Mr. Wittman, had no contractual relationship (and, consequently, no arbitration agreement) with the defendants. While the defendants had an arbitration agreement with a…
…recently organised the first-ever gathering in VR for international arbitration practitioners, we share some thoughts on the potential and limitations of this new medium for international dispute resolution. As we…
…investment projects. All in all, one third of Peru’s ICSID arbitration proceedings have or are being arbitrated based on an ICSID contractual arbitration clause rather than on the legal framework…
…judgment.3)11th Civil Chamber, 9.4.2014, 2014/141, 2014/6951. An in-depth analysis of the case law and scholarly views concerning arbitration of corporate disputes can be found here and here In light of…
…international arbitration instruments. Ukraine is party to the New York Convention and its International Arbitration Law is nearly a verbatim translation of the UNCITRAL Model Law (1985 version). Ukraine also…
