Search Results for: efficient arbitration

2020 In Review, Arbitrability, Arbitration institution, Armenia, China, COVID-19, Document Production, Enforcement, Free Trade Zones, Georgia, HK Arbitration Week, Hong Kong, Interim measures, Japan, Macau, South Korea, Virtual hearings

, and (Peter & Kim)/ /Leave a comment

…focus on the promising steps being made towards enabling the further opening up of the arbitration market in PR China. An international arbitration-friendly environment is an often-mentioned prerequisite. One aspect…

Enforceability, Foreign arbitral awards, Judicial delay, New York Convention, Recognition

(Hulbert Volio Montero) and (Aguilar Castillo Love)/ /Leave a comment

…article 5(1)(b) of the Inter-American Convention on International Commercial Arbitration (“Panama Convention”), and article 36(1)(a)(ii) of the Law on International Commercial Arbitration (the domestic law governing international arbitration, which is…

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

It will come as no surprise to the readers of this blog that the ongoing COVID-19 pandemic has had a significant impact on international arbitration (see blog coverage here). In…

Arbitration Industry, Arbitrator Intelligence, Careers in Arbitration, ICCA, Interviews with Our Editors, Podcast, sociology of international arbitration, Technology

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Director Content and Market Development, Wolters Kluwer Legal & Regulatory, International Group)/ /Leave a comment

…international arbitration community members to consider and debate important topics.1)James Clanchy and Cherine Foty “Conflicting Perceptions of Ethics in International Arbitration,” Arbitration: The International Journal of Arbitration, Mediation and Dispute…

Australia, Energy, Energy Charter Treaty, Investment Arbitration, Renewable energy

(Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /1 Comment
ACICA 45

…aim of responding to the needs of young and emerging arbitration practitioners keen to learn more about arbitration and be involved in the arbitration community. The views expressed by the…

Africa, Diversity, ICC, Interviews with Our Editors, ISDS Reform, Working Group III

(University of Oxford)/ /Leave a comment

…in international arbitration. Thank you for your time. Let us begin with your personal trajectory. How did you become interested in international arbitration? My interest in international arbitration was nurtured…

Arbitration institution, International tribunals, Investment Arbitration, Investment Disputes, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management, UNCITRAL, Working Group III

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

…encourage the use of mediation in conjunction with arbitration, obstacles may arise. One example is the fact that these systems are often geared towards preparing for arbitration during cooling off…

2020 In Review, Annulment, Appeal, Arbitration Awards, Arbitration Institutions and Rules, Bankruptcy and arbitration, Brazil, Chile, Colombia, Commercial Arbitration, Confidentiality, Corruption, COVID-19, Duty to Disclose, Emergency Measure, Enforcement, Judicial intervention, Latin America, Mexico, Peru, Transparency, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

…Achieving transparency continues to be a priority for Peru’s arbitration community In recent years, arbitration users began to raise queries concerning the legitimacy of arbitration because of the lack of…

COVID-19, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland, Virtual hearings

(CMS von Erlach Poncet Ltd.) and (Higher Regional Court of Frankfurt )/ /Leave a comment

…Normal’ for International Arbitration, in Calissendorff/Schöldström (eds), Stockholm Arbitration Yearbook 2020, Volume 2, p. 108. Arbitral tribunals should, therefore, refrain from imposing virtual hearings without regard to due process considerations….

Arbitration Institutions and Rules, Commercial Arbitration, COVID-19, Interview of our editors, Interviews with Our Editors, Latin America, Mexico

(Herbert Smith Freehills) and (Locke Lord LLP)/ /Leave a comment

…on International Commercial Arbitration. Commercial arbitration is regulated in Mexico’s Code of Commerce, specifically articles 1415 to 1480. During the latest reform to the arbitration regime in 2011, the amendments…

Environment, Morocco, Virtual hearings, Webinar

(Concepción Global, PLLC, Universidad Complutense de Madrid), (Université Paris 1 Panthéon-Sorbonne), (Afrique Advisors Correspondent of Mayer Brown), and (University Cadi Ayyad)/ /Leave a comment

The Casablanca International Mediation and Arbitration Centre (“CIMAC”) convened its sixth edition of the Casablanca Arbitration Day (“CAD”) on December 3, 2020. The virtual CAD presented four panels focusing on…

2020 In Review, Code of Conduct, ISDS Reform, Singapore Convention on Mediation, UNCITRAL WG III Series

(Australian National University) and (Durham Law School)/ /1 Comment

…look back at our coverage of the work of UNCITRAL Working Group III (“WGIII”) on investor-State arbitration reform, especially in light of the 2021 reform agenda. Recognizing a paradigm shift,…

Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration

, , (Linklaters LLP) and (Linklaters)/ /1 Comment

…(Article COMPROV.13(3)). The TCA includes additional explicit limitations to the role of the arbitration tribunal in state-to state-arbitration under the agreement. Its decisions cannot add to or diminish the rights…

Due process, Public Policy, Transparency

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

On 1 October 2021, the Rising Arbitrators Initiative brought together an esteemed group of arbitration practitioners for the organization’s inaugural event, which tackled due process concerns. The event, which was…

Applicable Law, Arbitrability, Arbitration Agreements, Australia, China, Governing Law, Law governing the arbitration agreement, Validity

, (King & Wood Mallesons)/ /Leave a comment

…7 of the International Arbitration Act 1974 (Cth) (Arbitration Act). According to section 7, Australian courts are obliged to enforce arbitration agreements and stay court proceedings in favour of the…

Africa, Arbitral Award, Arbitration, CCJA Arbitration, Courts

(Martial Akakpo et Associes) and (Universite de Lome)/ /Leave a comment

Since its creation, the Common Court of Justice and Arbitration (CCJA) has been at the forefront of promoting international arbitration in Africa, particularly with respect to creating a favourable setting…