Should we start with WHY?
…governed by its Arbitration Rules and Expedited Arbitration Rules. Further, it appoints arbitrators in ad hoc cases when the arbitration agreement so provides, and acts as appointing authority under the…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Back to Basics: Drawing the line between Disclosure, Challenge and Disqualification Standards in International Investment Arbitration
…side. Spain argued that this was a violation of ethical and disclosure rules under the ICSID Rules, the World Bank‘s code of conduct, the new, still draft Code of Conduct…
First Anti-Anti-Suit Injunction in Germany: The Costs for International Arbitration
…Continent are showcasing acceptance of the so-called “anti-arbitration” injunctions that restrain arbitration proceedings. In any case, both have been accepted by English courts in the past, while Brexit and the…
The Revision of Arbitral Awards on Independence and Impartiality-Related Grounds: Delimiting the Parties’ “Duty of Curiosity” in the Age of Social Media
…successful. This low rate is largely owing to the fact that, under Swiss law, the revision of arbitral awards constitutes an “exceptional” legal remedy, reflecting a compromise between substantive justice…
The Pro-Arbitration Seed Was Sown in Ukraine, But Violation of Public Policy May Still Lead to a Successful Challenge
…especially so since December 2017, when Ukrainian arbitration law and applicable procedural rules were largely revised to introduce many long-expected changes in the field of arbitration. Even before these revisions,…
The UK-Japan CEPA Investment Protection Standards: A Glass Half Full?
…protection standards – without clear guidance on the scope of investment protection– may lead to an effective application of these provisions. As the investment provisions have been watered down, the…
Brazil, Brazilian Arbitration Act, Clarifications, Emergency Measure, Infra petita, Supplementary Award
The Possibility to Request a Supplemental Arbitral Award Under the Brazilian Arbitration Act
…and Arbitration Conflicts Court understood in a prima facie analysis that there would not be any harm resulting from the continuity of the arbitration. The claimant appealed but the decision…
2020 In Review, Amendment, Anti-arbitration Injunction, Arbitrability, BIT, Enforcement, Fraud, India, kompetenz-kompetenz, Limitation period, Seat of the arbitration, Venue
2020 in Review: Another Eventful Year for the Indian Arbitration Landscape
…the dawn of the new decade to usher in a new era of BITs. The BIT is noteworthy for its departure from the widely used investor-state arbitration mechanism in favor…
Arbitrator Intelligence Announces Arbitrators of the Year for 2020
…during the hearings as demonstrating familiarity with the record and legal issues and helping to clarify factual or legal issues. Prof. Comair-Obeid’s questions were also assessed as fair and respectful….
New Approval Required for Government Contracts and Arbitration Agreements in Egypt
…the sufficiency of evidence; assess the expected award and its impact; offer all needed legal support as may be requested by legal counsels; approve the costs and legal fees pertaining…
Ad hoc arbitration, India, Institutional Arbitration, Institutional Rules, Interviews with Our Editors, Mumbai Centre for International Arbitration (MCIA)
Interviews with Our Editors: Mapping India’s Institutional Arbitration Journey with Mumbai Centre for International Arbitration (MCIA)
…to, oversight and scrutiny by the institution; provisions for expedited arbitration and emergency arbitration; all of which would be missing in a regular ad hoc arbitration. The second advantage would…
Climate change, Energy Charter Treaty, Germany, Investment Arbitration, Legitimate Expectations, Parallel Proceedings
A Battle on Two Fronts: Vattenfall v. Federal Republic of Germany
…an investment arbitration against Germany under the Energy Charter Treaty (“ECT”) (the “ECT Arbitration”). The Constitutional Litigation in Germany In February 2012, Vattenfall Europe Nuclear Energy GmbH and Kernkraftwerk…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 87, Issue 1 (February 2021)
…of international arbitration [….] science and technology can make arbitration proceedings more time and cost efficient.” Fast forward to 2020: faced with the prospect of recurrent postponements of arbitration hearings…
COVID-19, Enforcement, Investment Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy
The Public Policy Exception under Article V(2)(b) of the New York Convention in the Time of Covid-19
…arbitration such as the recognition and enforcement of foreign arbitral awards under the New York Convention (“NYC”)? Faced with this question, this post examines whether the global health crisis may…
The Rising Arbitrator’s Challenge: Navigating the Premise and Perils of Your First Appointment(s)
…(for example Article 29.2 of VIAC Rules or Article 26.2 of the ICC Rules), legal scholarship, the New York Convention (Article V(1)(b) regarding minimum requirement for notification of the parties)…
Arbitration, Arbitration Institutions and Rules, Institutional Rules, International arbitration, PCA, Permanent Court of Arbitration, Space Arbitration
The 10 Year Anniversary of the PCA Outer Space Rules: A Failed Mission or The Next Generation?
Nearly a decade ago, the Permanent Court of Arbitration (“PCA”) published its Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (“PCA Outer Space Rules” or “Rules”). Unlike…
To Annul or not to Annul: The Constitutional Court of Ecuador Finally Set Clear Rules for the Annulment of an Arbitral Award
…the merits of the award and the legal reasoning of the arbitrators in light of the evidence presented during the course of the arbitration. This conduct by the President of…
What Really Matters When an Arbitration Award is Made
…Arbitration, author of more than 250 legal writings focusing on contract law and international arbitration, and chairperson of more than 100 international arbitrations. As the episode title indicates, Professor Tercier…
Confidentiality, Consolidation, DIFC, Emergency Arbitrator, Expedited Proceedings, LCIA Rules, United Arab Emirates
A Happy New Year with the 2021 DIFC-LCIA Rules
…revisions to the LCIA Rules of Arbitration (the “LCIA Rules”): The 2021 DIFC-LCIA Rules are no exception and take after the recent revisions introduced to the recently adopted 2020 LCIA…
Anti-Suit Injunctions in the EU: Are They Finally Back on the Menu?
…benefit of a London arbitration clause to be told that (where a binding arbitration clause is being — however clearly — disregarded) the only remedy is to become engaged in…
Appeal, Appellate Body, Appellate Court, Arbitration Institutions and Rules, Investment Arbitration, Reform, Working Group III
Could an Appellate Review Mechanism “Fix” the ISDS System?
…it be set aside or annulled by a court in the seat of the arbitration under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules. Furthermore, contrary to what…
Applying Vidya Drolia’s “Four-Fold Arbitrability Test” to Antitrust Disputes in India
Despite traditionally being considered unsuitable for arbitration, recent practice evidence that the concrete lines separating antitrust disputes and arbitration have blurred. Ever since the US Supreme Court approved arbitrability of…
Arbitration, Arbitrator Bias, Arbitrator's decision-making, Arbitrators, Bias, Cognitive biases, Investment Arbitration
Arbitrators as Flamingos of Many Colors
…“manifestly without legal merits.” Even in this situation where both provisions are within the ICSID ecosystem, the term “manifestly” does not necessarily have identical meanings. Outside of the ICDSID context,…
Arbitration or Court Proceedings in Emergencies: Tipping the Scale from a German Perspective
…to the arbitration agreement foresee the possibility of commencing emergency arbitration proceedings. So far, almost all institutions have established rules for emergency arbitration. The German Arbitration Institute (DIS) along with…