Pakistan’s Draft Arbitration Bill 2024: Change After 84 Years?
…parties have: (i) chosen to apply the rules of arbitration of a foreign arbitral institution (e.g. SIAC, LCIA or ICC) to the arbitration; or (ii) agreed to apply foreign law…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Expansion and Regulation on the Horizon for Third-Party Funding in Ireland and the EU
…approach of funder codes of conduct or the rules of funder organizations. Legalisation of Third-Party Funding of International Arbitration in Ireland Ireland, the only common law jurisdiction in the…
Access to Justice, Albania, Arbitral Award, Arbitration, Enforcement, European Court of Human Rights, Foreign arbitral awards, Investment Arbitration, Investment Disputes, Investor-State arbitration, Investor-state tribunals, ISDS, Recognition, Recognition and enforcement of arbitral award
The ECtHR and the Recognition of International Arbitral Awards: The Court’s Judgment in Iliria S.R.L. v. Albania
…arbitration route is far from certain. Ultimately, the choice between the ECtHR and the arbitration route will depend on the specific circumstances of each case and the applicable legal frameworks….
Surprising News From Georgia: Court of Appeals Finds Arbitral Tribunals Lacking Competence Despite a Valid Arbitration Agreement
…fact that the legal representative of the opposing party simultaneously “worked” at the arbitration center (to be more precise, as in the previously discussed case, the legal representative of the…
We Need to Talk About … the EU AI Act!
…international arbitration community has paid little, if any, attention to this regulation and few practitioners are aware that the Act has the potential to apply to international arbitration proceedings (but…
Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration
9th EFILA Annual Conference: New Frontiers in International Investment Arbitration
…an UNCITRAL arbitration seated in London. LC Corp was authorized to proceed with its intra-EU investment arbitration, as Poland failed to have the arbitration withdrawn or suspended by the Dutch…
Do National Courts Really Give Effect to 90% of All International Arbitral Awards?
…primary methodological deficiency of these studies is their reliance on commercial databases, such as Westlaw or kluwerarbitration.com. These databases exist for lawyers to conduct legal research. They collect cases for…
Colombia, Environmental protection, Investment protection, Latin America, Minimum Standard of Treatment
Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right
…2018, Red Eagle initiated an ICSID arbitration claiming compensation for damages that allegedly exceeded CAD$ 110,000,000. The ICSID Arbitration In the arbitration, Colombia proposed several jurisdictional objections that were…
Climate change, Environment, ESG, Investment Disputes, Investment protection, Investor-State arbitration, Investor-state tribunals, Sustainability, Sustainable economy
The Implications of Koch v. Canada for Emissions Trading Schemes
…of the cancellation, and that market participants would not receive compensation for any unused allowances remaining in their tracking accounts. In December 2020, the Claimants commenced ICSID arbitration against Canada,…
The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT
…was adopted three years after EDF had commenced arbitration against Spain and could not apply retroactively to Spain’s consent to arbitrate. Referring to the travaux préparatoires of the ECT (see,…
Northern District of California Compels Arbitration Between Contractor and Non-Signatory Insurer of Subcontractor
…applies to [Swinerton’s] claims in this litigation” since it incorporated by reference the rules of the Construction Industry Arbitration Rules of the American Arbitration Association. Swinerton Builders, 2024 WL 1057473,…
DIAC, Enforceability, Enforcement, Enforcement of arbitration agreement, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates
The Enforceability of DIFC-LCIA Arbitration Clauses in Light of Decree No. 34/2021: A View from Outside the UAE
…of any DIFC-LCIA arbitration process: given the strong resemblance (short of identity) between the DIFC-LCIA and the LCIA forum (taking account of their near-identical sets of arbitration rules and the…
From Evasion to Enforcement: How the English Commercial Court Recaptured NIOC’s Undervalued Property Transfer to Enforce an Arbitral Award
…jurisdiction and liability in 2014, in CGC’s favour, and several unsuccessful challenges by NIOC under s.67 and s.68 of the Arbitration Act 1996, CGC eventually secured an award of damages…
Meaningful Consensus or Delaying Disagreements? UNCITRAL Working Group III and the Advisory Centre on International Investment Dispute Resolution
…Legal Status The dominant view within WGIII has been that the AC should be established as an intergovernmental organization and have international legal personality, akin to Article 18 of the…
Seeking a Treasure: Behavioral Economics in the Sea Search-Armada v. Colombia Arbitration
…of the IBA Rules on the Taking of Evidence and the UNCITRAL Arbitration Rules. Background of the Case The investor, Sea-Search Armada (“SSA”), claims roughly USD 10 billion, equivalent…
Belgium, BIT, Court of Appeal, Enforcement, Final Award, Poland, Public Policy, Set aside an arbitral award
Why the Belgium Supreme Court Reversed First Set Aside Decision of an Investment Treaty Award
…project have led to very different conclusions. In 2015, MSC brought arbitration proceedings against Poland under the US-Poland BIT. On 7 December 2018, the arbitral tribunal decided that MSC was…
LIDW 2024: The Rise of African Arbitration – Is Africa Leading the Way?
…Arbitration (CRCICA), the Lagos Court of Arbitration, and the Nairobi Centre for International Arbitration. CRCICA has updated its arbitration rules this year to provide for remote hearings, online filing, consolidation…
Climate Change or Change of Climate?
…ESG clauses. Arbitrators would face new difficulties and duties. The question remains: will climate change only create new issues within arbitration, or will it change the climate of arbitration? …
Mind the Gap: A Dutch Example of Interpreting an Ambiguous Arbitration Agreement
…[emphasis added], in accordance with its administrative rules including, as applicable, the Commercial Arbitration Rules of the AAA, (…) in accordance with its administrative rules (…). The arbitration hearings shall…
What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration?
…corresponding provisions in the arbitration rules, for example in Article 26 of the ICC Arbitration Rules and Article 29 of the DIS Arbitration Rules. It would be even more consistent…
California International Arbitration Week 2024: Navigating Technology Disputes in the Modern Era
…common law since arbitral awards do not set precedents. Adapting Rules of Evidence for Tech Disputes in Arbitration Arbitration generally adopts a more lenient approach to certain evidence rules,…
California International Arbitration Week 2024: AI in ADR: Building Consensus Around The Path Forward
…arbitration community. Young CalArb is sponsored by California Arbitration and is committed to advancing the cause of California Arbitration in developing and promoting California as a hub for international arbitration….
ICCA Hong Kong 2024: Technological Horizons
…which looked at the present and into the future to determine how new technologies may shape the human experience in international arbitration. International Arbitration: An AI Endeavour The Congress’…
Arbitouille: Arbitration Counsel as a Restaurant Chef
Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the…