…(25%) and speed (30%) of international arbitration even though these criteria played a significant role in selecting arbitration as a dispute resolution mechanism. In addition, while efficiency was one of…
Intra-EU investment agreements and arbitration have been a highly divisive issue in European policy circles for decades. The European Commission has been forcefully pushing for the termination of these agreements…
…being resolved by arbitration, be it institutionally administered or ad-hoc. In terms of my arbitration career, I suppose presently everyone in the arbitration community has embraced virtual aspects of the…
…individual arbitration. The Green Protocol for Law Firms, Chambers and Legal Service Providers Working in Arbitration This Protocol shifts focus to the day-to-day operations of organisations. To encourage compliance…
…The 2020 Arbitration Act replaces the former Tanzanian Arbitration Act of 22 May 1931, which traces its origins back to the English Arbitration Act of 1889 and was amended several…
…international arbitration (IA). Some of the core goals of REAL include access and advocacy; to open the door for people of diverse backgrounds to the practice of arbitration, building pipeline…
Similar to Article 9 of the UNCITRAL Model Law (the “Model Law”), Section 9 of India’s Arbitration and Conciliation Act, 1996 (“the Act”) entitles the parties to arbitration proceedings to…
…of arbitration under future international investment instruments. Article 27 of the Convention on Biological Diversity recognizes ADR as an important precursor to arbitration in disputes involving indigenous and local communities….
…RAI and similar communication channels in the development of young arbitration practitioners and young arbitrators. She explained that even if the arbitration practice has changed drastically in the last ten…
…think about arbitration. I am fortunate to have recorded the conversation in a 2007 interview. 0.00: The arbitration litigator; 0.39: Quantifying the value of an arbitration agreement; 1.17: The advantages…
…empowers a judicial authority to refer parties to arbitration, so long as it is not prima facie satisfied that there is no valid arbitration agreement between the parties. Similarly, in…
…its abbreviation in Spanish) which includes a modern investment chapter with provisions that reflect the experience of Mexico, Canada and the United States in investment arbitration; the disciplines contained in…
…agreements under the New York Convention is one of the fundamental issues of international arbitration, raising questions that touch upon the very concept of an arbitration agreement laid down in…
…clarifies that an arbitration agreement is “incapable of being performed” where the consumer does not agree to arbitration under Article 17 even if there is an arbitration agreement contained in…
…in support of arbitration proceedings under sections 43 and 44 of the English Arbitration Act in light of the decision of the English Court of Appeal in A, B v…
…transactions. The International Chamber is also meant to play a key role in international arbitration. It can hear any appeals made against “decisions rendered in the field of international arbitration”…
…Article 26 ECT offers the investor the choice between domestic courts of a Contracting Party or international arbitration under ICSID, the UNCITRAL Arbitration Rules or under the Arbitration Rules of…
Transparency in international investment arbitration refers to the extent to which the public can access arbitral proceedings and information pertaining to those proceedings. The ICSID Arbitration Rules and the UNCITRAL…
…Indian Arbitration and Conciliation Act, 1996 (Indian Arbitration Act). Global Mercantile opposed the reference, amongst others, on the ground that the Transport Work Order that contained the arbitration agreement was…
…into consideration when drafting the deals by opting for either national court litigation or arbitration. M&A arbitration has risen in popularity in parallel to the growth of the deals and…
Arbitration Tech Toolbox is a new series on the Kluwer Arbitration Blog that aims to stimulate broader discussion and debate in the arbitration community on arbitration-related technology, its impact, and…
…down costs and reducing the environmental impact of international arbitration. For more on virtual hearings and arbitration’s environmental impact, see also here, here, and here. What can we do to…
…with respect to the latter category of companies. Article 4(1) of the Arbitration Law Article 4(1) of the UAE Federal Arbitration Law No 6. Year 2018 (“Arbitration Law”) stipulates…
…installments. Li alleged that Gao did not perform the Contract and therefore, the Company and Li filed for arbitration in Shenzhen. The Company and Li sought in the arbitration that:…
