A Tribute to Emmanuel Gaillard
…rather than a set of rules; as one of the first within the arbitration community to spot the potential of investment arbitration when he started his Chronique of ICSID awards…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Anomalous Case of Sections 8 and 11 of India’s Arbitration and Conciliation Act, 1996
…both provisions. However, the Court also drew attention to a seeming irregularity in the law: while the decision of the authority to refuse reference to arbitration is appealable under Section…
Investment arbitration in Chile, Colombia, Mexico and Peru: Where are we and where are we going?
…that the language of new agreements and their provisions seek a balance between the interests of the State and the attraction of foreign investment. In the case of Mexico, Mrs….
The Contents of Journal of International Arbitration, Volume 38, Issue 2 (April 2021)
…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…
Arbitration Agreements in Consumer Contracts: Vietnam Reinforces its Pro-Consumer Approach
…(“LPCR”). Both laws contain express provisions protecting consumers against mandatory arbitration. Article 17 of the LCA provides that: “Concerning disputes between businesses and consumers, even if an arbitration agreement has…
The Contents of the ASA Bulletin, Volume 39, Issue 1 (March 2021)
…commercial arbitration and examines how they should set about to achieve a coherent set of transnational rules that afford legal predictability to international commercial transactions. James FREEMAN, Karolina LATASZ, Non-identical…
The Arbitrator’s Duty of Disclosure: Case Law from the International Chamber of the Paris Court of Appeal
…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”…
CJEU, ECJ, Energy Charter Treaty, European Union, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment
Is the Court of Justice of the EU the Ultimate Judge of the ECT?
…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 Rules in Investment Arbitration: Institutional Differences and Prospects of Standardisation
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…
Does Separability Salvage an Arbitration Agreement Contained in an Unstamped Document under Indian Law?
…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…
The Rise of M&A Arbitration
…can prove to be a very useful means of settling the dispute, as many arbitral rules such as those of the ICC or LCIA contain clear provisions on the consolidation…
Arbitration Tech Toolbox, Artificial Intelligence, Best practices, Cybersecurity, Data Protection, Document Exchange, Document Production, Innovation, Technology, technology industry, Videoconferencing, Virtual hearings
Arbitration Tech Toolbox: What’s in Your Toolbox?
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…
Arbitration, Class arbitration, COVID-19, Cybersecurity, Environment, Human Rights, Mediation, Space Arbitration, Virtual hearings
Traversing Cyber, Indigenous, New Space, Mediation, and COVID-19 Disputes: The Schiefelbein Global Dispute Resolution Conference
…market experts beyond generalist judges and arbitrators. Ms. Schenewerk added that arbitration clauses in cross-border ‘new space’ contracts and ‘new space’ insurance policies are rarely invoked, however, because there are…
Authority to Conclude Arbitration Agreements in the UAE: What About Public Joint Stock Companies?
…states that, with the exception of public subscription provisions and in the absence of specific provisions, all provisions related to public joint stock companies apply to private joint stock companies….
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:…
Kluwer Arbitration Horoscope
…as the Prague Rules). DISCLAIMER: The Kluwer Arbitration Blog disclaims any and all liability owing to the improper use of astrology, sorcery, or full body massages in arbitration. Any…
Third-Party Notice in Arbitration Proceedings – A Proposal from Germany
…the forceful joinder of a third party in a hypothetical arbitration under the rules of the Swiss Chambers’ Arbitration Institution (Swiss Rules). Third-Party Notice Explained Notice to third parties…
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 ECT if we can manage to find agreement on the substantive rules, including the rules for investment protection as well as sustainable development, the environment, and climate change, and…
2020 Revision of the IBA Rules on the Taking of Evidence in International Arbitration
Introduction On 17 February 2021, the International Bar Association published its revised Rules on the Taking of Evidence in International Arbitration (“IBA Rules”), replacing the former rules from 2010. The…
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…