…similar substantive rules. Intra-African BITs: Rarely Invoked in ISDS As a result of this lack of ratification, only 3 investment arbitration cases so far have been filed under intra-African…
…the methods of research that were employed for research in arbitration. Practicing arbitration lawyers were not concerned with the concept or legal theory of arbitration or how socio-legal jurisprudence may…
…and duties of legal entities, the form of documents and evidence, and the obligations and behaviour of legal counsel. National legal systems have their conflict of law rules applicable in…
…submission of new facts and evidence, the submission of new legal arguments is in principle admissible in proceedings before it. New legal arguments must be raised within the time limit…
…complexity resides on the lack of specific legal provisions dealing with (i) the arbitrability of insolvency issues, (ii) the effects of insolvency proceedings on arbitration agreements, and (iii) the effects…
…2019 Hong Kong Arbitration Week. The arbitration community welcomed this news since, as previously covered on this blog, reforms to permit the use of ORFSs for arbitrations were arguably overdue…
…collaboration (see also here). In 2020, the LCIA also updated its rules. As discussed in a post following their publication, the rules clearly reflect the impact of the pandemic on…
…due to a frustration of their legitimate expectations. The key legal question in this context was: what legitimate expectations can general legislation give rise to? The 28 arbitral awards from…
…growing procedural rigidity and lack of agility, exacts a heavy price on arbitration’s users and their confidence in arbitration, without obvious returns. We must be cognizant of arbitration’s sacrifice in…
…a consumer, to refer the parties to arbitration based on the arbitration agreement’s characterisation as an unfair term. The Court held that the appeal judges did not breach Article 1448…
…arbitration rules could be adapted to suit the particular requirements of bid challenge disputes. The post addresses issues considered in more detail in a new chapter to Kluwer Law’s International…
…Ghenia case where an Award rendered under the UNCITRAL Arbitration Rules and dated 9 December 2016 was retracted by the arbitral tribunal following similar corruption allegations. The absence of evidence…
…of Kluwer Arbitration Blog, interviews Abby Cohen Smutny, Global Head of White & Case’s International Arbitration Practice. With decades of experience in international arbitration, Abby shares her thoughts on various…
The ITA (Institute for Transnational Arbitration) – ALARB (Latin American Society of Arbitration) Americas Workshop took place virtually on 2-4 December 2020. The conference focused on the role of arbitrators,…
…will impact the conduct of arbitration proceedings in PR China. Big data research and the “Standardization Guide” on cases involving “judicial review” of arbitration by the Beijing Fourth Intermediate People’s…
…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…
…to treaty protection. However, a broader understanding still finds its place in the investment arbitration community. For example, in the recent renewable energy award in ESPF v. Italy (September 2020),…
…a relatively quiet year for new IIAs. According to UNCTAD, only six new IIAs were signed in 2020, five of which have publicly available texts. Regarding human rights-related issues, these…
…Foty “Conflicting Perceptions of Ethics in International Arbitration,” Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol. 85, Issue 2 (2019) p. 185 (‘New arbitration communities are developing…
…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…
…the value of the dispute (Article 49). Absent an agreement, the rules default to a time-based fee system. *** The revised P.R.I.M.E. Finance draft arbitration rules are rules of their…
…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…
…examined the multi-tiered provisions in a few bilateral agreements, such as the Comprehensive and Economic Trade Agreement (CETA). They pointed out that while these provisions appear to be intended to…
…use of section 1782 in aid of foreign commercial arbitrations and thoughts for the Brazilian arbitration scenario. In the General Information, Ana Paula Montans introduces LCIA’s new Arbitration Rules in…
