…in just two cases out of 25 investment arbitration cases”. Beyond the case-law, which has been, thus far, rather restrictive, IIAs and investment arbitration procedural rules further, generally speaking, exclude…
…work, many questions remain. In the light of this trend, we are devoting this week on the Kluwer Arbitration Blog to exploring the regime interactions in investment arbitration and the…
…a sole arbitrator, as having “issued general admonitions to dissuade further instances of allegedly improper conduct and made specific findings regarding the allegedly improper conduct.” That source also added: “During…
…later initiated arbitration pursuant to the BIT under the ICSID Additional Facility Arbitration Rules. The airline alleged a breach of the protection relating to the free transfer of funds (Art….
…may eventually deal with the issue in set aside proceedings. Foreign parties unfamiliar with Brazilian arbitration rules and law also benefit from the Digest. As a matter of fact, there…
On 15 November 2021, P.R.I.M.E. Finance launched its revised P.R.I.M.E. Finance Arbitration Rules (the Rules). A launch event was held on 6 December at which Georges Affaki, Martin Doe of…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The final upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the…
…Rules; Article 20 of the Arbitration Rules of the Milan Chamber of Commerce). The reform will also explicitly provide that: (i) the judicial decrees recognizing foreign awards are immediately enforceable;…
…award. The proposed wording of the new Arbitration AR 62 and new Additional Facility Rule 73 would stipulate that absent a clear objection in 60 days, a party will be…
…exchange rates relevant in investor-state arbitration? The Role of Transfer Clauses Transfer clauses are one of the most common provisions in BITs: 1,862 of the 2,258 BITs currently in…
…both arbitration counsel and arbitrators, as well as to arbitrating parties on particular areas of the arbitration process that are usually not addressed in arbitration rules. Since 2016, apart from…
…the Ecuadorian state spent US$ 318,8 million in legal fees, administrative expenses, and experts reports that involved the representation of Ecuador in 77 international arbitration cases. Only between 2017 and…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The present upload consists of 26 decisions applying the major arbitration Conventions and dealing with issues of general interest…
…apply to all arbitration participants, including tribunals which are designed to secure arbitration participants’ access to arbitration data,1)“Arbitration Data” is defined under Rule 1.2 of the Cybersecuity Rules as “any…
…at the opening ceremony of the Shanghai International Arbitration Summit, with reference to the theme of “New Pattern, New Momentum for International Arbitration” for 2021 SHAW. In a panel discussion…
…arbitration and not ISDS. Unfortunately for the foreign investor, the CFIA does only contemplate state-state arbitration thus leaving the foreign investors in the hands of member states again, depending on…
…agree to a new price, the matter could be submitted to arbitration. Gazprom requested that the contact price be increased in December 2015. The parties were unable to agree to…
…arbitration in Bulgaria. Anyone interested in arbitration in Bulgaria can find useful information in English, such as: excerpts from the key legal acts governing the arbitration in that jurisdiction, FAQs…
…between the insurgents and the new government. It should be added that under Article 10(3),the new government remains responsible for the acts committed by the previous government while fighting the…
…have covered a range of topics and jurisdictions, from economic sanctions and arbitration to the new Tonga arbitration law. As always, 2021 was a generous year for Kluwer Arbitration Blog,…
Helsinki International Arbitration Day (HIAD) is an arbitration conference organised by The Finland Arbitration Institute (FAI). HIAD brings together legal practitioners from Finland and abroad to hear from top experts…
…value depends on how it is used. Unlike domestic legal systems which are entrenched in tradition, arbitration has the flexibility to use technology advantageously. I am optimistic that technology can…
…process starts from scratch for each new case. Second, AI-driven legal analysis. Two sub-groups can be distinguished here: legal analytics and predictive analysis. Legal analytics has developed gradually, from basic…
…Rules Next, Claudia Annacker, a Partner at Dechert LLP, spoke on the Vienna International Arbitration Centre (“VIAC”)’s new investment arbitration rules. The new rules are specifically tailored for investor-state disputes….
