Award Concerning Bitcoin Exchange – Bit Too Risky to Enforce?
…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:…
Search Results for: efficient arbitration
Kluwer Arbitration Horoscope
…section for remote hearings. Suitable careers for Leos are arbitration advocacy and ice hockey. Virgo (August 23 – September 22) A famous Virgo once said, “the best arbitration awards…
Third-Party Notice in Arbitration Proceedings – A Proposal from Germany
On 3 March 2021, the German Arbitration Institute (DIS) held an online event for the discussion of a proposal for the introduction of third-party notice in the DIS arbitration rules….
Expert Evidence in International Arbitration – What Can Be Done to Save the Party-Appointed Expert? BCLP International Arbitration Survey 2021
…transactions and growing number of organisations and industries embracing arbitration as a dispute resolution mechanism. As a result, disputes submitted to arbitration have become increasingly technical, with substantive and procedural…
Assessing Threshold for Doping Violation in Sports: CAS Award Swims in Deep Waters
The Court of Arbitration for Sport (“CAS”) has once again in a recent case demoted the burden of proof for an athlete seeking to show they did not commit an…
ASIL DRIG: The Future of Investor-State Dispute Settlement under the Energy Charter Treaty
…the 22 awards and partial decisions on the meaning of FET issued in arbitration proceedings against the Kingdom of Spain as of December 2020, no two decisions offer identical interpretations…
2020 Revision of the IBA Rules on the Taking of Evidence in International Arbitration
…into the language of the arbitration. In practice, parties frequently reach agreements on how to handle translations, either in the arbitration clause or through a procedural order, stating that documents…
Formula 1 Lessons for Cybersecurity in International Arbitration: The “CyberArb Roadmap”
…International Arbitration, followed by the Queen Mary 2020 International Arbitration Survey which addresses cybersecurity and data protection in their questionnaire, as well as the launch of the 2020 LCIA Rules…
What Happened To Investment Arbitration In India?
…applicable: as an investment arbitration constitutes neither an international commercial arbitration nor a domestic arbitration, the enforcement regime of the Act is inapplicable. This constitutes a major deficiency and a…
Facebook (temporarily) Un-Friends Australia: Arbitration as a Tool in Online Media Regulation
…suggests that the ACMA may be called upon to make appointments in matters referred to arbitration under the Code. Arbitration proceedings The procedure for the arbitration provided under the…
Brexit, Construction, Construction arbitration, International Law Talk, Kluwer Podcast, Podcast, Public Contract, Public contract disputes, Tender Dispute, Transparency
International Law Talk Podcast and Arbitration: Construction, Tender Disputes, and the Role for Arbitration, In Conversation with Jane Jenkins
…the discussion: Construction, Tender Disputes, and the Role for Arbitration, in conversation with Jane Jenkins. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here….
Uzbekistan Adopts Law on International Commercial Arbitration
…of the Domestic Arbitration Law and the relevant provisions of the EPC, the existing arbitration framework in Uzbekistan is much more suitable for domestic arbitration rather than the resolution of…
CAS arbitration, Enforcement, European Convention on Human Rights, Human Rights, Swiss Private International Law Act, Switzerland
Violation of Human Rights under the ECHR: A Valid Challenge of Arbitral Awards at the Swiss Federal Supreme Court?
…the interaction of human rights and arbitration: can private parties challenge arbitral awards on the basis that the arbitral tribunal violated their human rights under the European Convention on Human…
London: Europe’s Leading Arbitration Hub?
…uncertainty that commercial parties face as a result of this omission in the UK-EU Agreement brings into sharp focus the important role that arbitration may play. Commercial arbitration offers parties…
Achmea, Arbitration Institutions and Rules, ECT Modernisation, Energy Charter Treaty, Environment, European Union, International arbitration, Investment Arbitration
The EU’s Bittersweet Proposal to Redefine ‘economic activity’ under the Energy Charter Treaty: Expected Implications for International Arbitration
…that adopting the EU’s proposal on EAES could entail for the future of investment arbitration under the ECT. Charter Wars: A New Hope With both the EU and virtually…
Dissenting opinions, German law, Germany, Italian law, Italy, Reasoned Awards, Reasoning, secrecy of deliberations
I dissent – can I? A Closer Look at the Higher Regional Court of Frankfurt’s decision of 16 January 2020 from a German-Italian Perspective
…majority contends that dissenting opinions are permissible insofar as the arbitration agreement does not exclude them (See Detlev Kühner/Gustav Flecke-Giammarco, in Arbitration in Germany: The Model Law in Practice; Fabian…
Arbitration institution, Institutional Rules, Interviews with Our Editors, Japan, Japan Commercial Arbitration Association, JCAA
Interviews with Our Editors: In Conversation with Professor Masato Dogauchi, Chief Arbitration and Mediation Officer of the Japan Commercial Arbitration Association
…make a practice of adopting JCAA arbitration clauses and submitting their disputes to JCAA arbitration or mediation. I joined the JCAA in 2018. As the Chief Arbitration and Mediation Officer,…
Waiving the Right to Arbitrate: The Australian Position
The concept of ‘waiver’ is a nebulous creature, crossing into the realms of estoppel, repudiation and variation. For the purposes of ss 7(2) and 7(5) of Australia’s International Arbitration Act…
Vienna and Geneva: Defining Arbitration in the Reform of Economic Institutions
…law clarify the scope of treaty references to ‘arbitration’ in this field. Common Elements of WTO Arbitration Although the possibility of recourse to arbitration surfaced in the 1948 Havana Charter,…
Stileks v. Moldova: A Chance to Go Back to Square One After the Preliminary Ruling of the CJEU?
…first looked into whether the “arbitration exception” under the FSIA applied. Copies of the arbitration agreement, the arbitration award and the ECT produced by Stileks were jurisdictional facts that the…
A Black Swan Event? Implications of COVID-19 for Damages and Valuations in International Arbitration
…Consulting and Freshfields Bruckhaus Deringer, as part of the Delos Guide to Arbitration Places (GAP) Symposium 2020. The webinar was moderated by Hafez Virjee (Delos Dispute Resolution / Virjee Arbitration,…
To What Extent Will the AfCFTA Impact the Number of ISDS Cases Involving African States?
…recent times, raised concerns about the traditional investor-state dispute settlement including lack of legitimacy and transparency, exorbitant costs of arbitration proceedings and arbitral awards as well as inconsistent and flawed…
A Conversation with Claudia Salomon: Rising Arbitrators and the Developing World of International Arbitration
…interviews for litigation positions, the notion of international arbitration was introduced, and, later, her practice at Squire Sanders involved some international arbitration work mixed with the litigation practice. During that…
An Appealable ‘Decision’ Before CAS: What Exactly Are We Talking About?
In accordance with S20.C of the Code of Sports-Related Arbitration (the Code), the Appeals Arbitration Division (AAD) of the Court of Arbitration for Sports (CAS) has jurisdiction “to resolve disputes…