…of the Hague Rules as procedural rules for ISDS as an alternative to ICSID Arbitration, and where arbitration under the ICSID Convention and ICSID Rules is chosen, the tribunal’s procedure…
…judicial decisions. With the 2015 amendments to the Arbitration and Conciliation Act, 1996 (“Act”), it is clear that judicial scrutiny of arbitral awards should be extremely limited. Recent decisions of…
…the Rules. For example, Mr. Martinez explained that the new Rules enshrine the procedure to be followed in arbitrator challenge procedures. In addition, the current Rules give special attention to…
…VanIAC’s rules to apply, they must specifically provide for this in their arbitration clause. Third, counsel should be wary of the default provisions that apply under the New Act and…
…the Arbitration Act 1996 (the “Act”). The Court found that a failure to wait until the end of a pre-arbitration notice period before commencing arbitration did not deprive the tribunal…
…industry, “the McCarran-Ferguson Act transformed the legal landscape by overturning the normal rules of pre-emption” (internal quotation marks omitted). Within this legal framework, the State of Washington enacted laws to…
…of international arbitration, not only violating the New York Convention but also undermining the very reasons for international arbitration. He argued, “Arbitration is about allowing parties to decide how to…
Wolters Kluwer Legal & Regulatory U.S. announced enhancements to Arbitrator Tool and a new Relationship Assessment Tool within Kluwer Arbitration Practice Plus (KAPP). Integrating artificial intelligence and machine learning with…
…than to clients—garnered the attention of the New York City Bar Association (NYCBA). The practice raised questions concerning compliance with Rule 5.4 of New York (State) Rules of Professional Conduct,…
This post is a non-exhaustive summary of a hybrid conference organised during the Paris Arbitration Week 2021 by Jeantet. The panel discussed international arbitration of M&A Disputes, and in particular…
…designing or revisiting ownership structures. Therefore, new anti-abuse requirements resulting from the PPT rule will inevitably impact how investors own assets. And as mentioned, these new provisions will simplify structures,…
…parties’ agreement on arbitration and uphold valid arbitration clauses. In fact, Article 8(1) of the Federal Law on Arbitration, No. 6 (2018) (“UAE Arbitration Law”) requires the court to dismiss…
…held valid in France, but not enforceable in England. Choice-of-Law Rules under Article V(1)(a) of the New York Convention Article V(1)(a) of the New York Convention sets out a…
…Courts (mainland) would have jurisdiction over the arbitration. Likewise, when the arbitration agreement provides for arbitration in the DIFC, the DIFC arbitration law of 2008 would apply, and the offshore…
…a more precise assessment of damages taking into account both historic and future losses. One thing is sure, unless new investment agreements include compensation provisions for non-expropriatory breaches. Chorzow’s legacy…
…bills of lading where tokenising bills of lading could face potential issues of contentious legal recognition, as well as inconsistent legal practices and treatment across the entire supply chain. To…
…Arbitration”, which agenda was to analyse the disputes in the buzzing environmental, social and governance (“ESG”) domain, distil the trends and lessons learnt therefrom, and to provide suggestions on the…
…acceptance by a non-US bank of registration fees and advances on costs paid in the context of arbitration proceedings. Does the General Authorisation in Respect of Legal Services Apply to…
…CMAP Rules Results in the Automatic Adoption of the Emergency Decision Rules For arbitration agreements concluded after 1 January 2022, adherence to the CMAP Arbitration Rules will automatically constitute adherence…
…rules, the Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center (“APMAC Rules”).11)The Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center. Although APMAC’s focus is on maritime disputes, the…
In August 2021, the Indian Supreme Court (‘Court’) in Amazon v. Future found an emergency award rendered in an arbitration seated in India (New Delhi) to be enforceable as if…
…be less concerned to give up peculiarly national legal rules and practices in the proceedings. However, arbitration also aspires to be the preferred forum for users from very different legal…
…question “[w]hether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act when the only basis for jurisdiction…
…CBP”) where the arbitrator (mis)interpreted the Singapore Chamber of Maritime Arbitration (“SCMA”) Rules, and did not allow the respondent to call its witnesses. The respondent disagreed with the arbitrator’s decision…
