Representation of Venezuela in Investment Arbitration
…flows. On that basis, it is possible that the national courts of those States may treat officials appointed by Guaidó as the only legal representatives of Venezuela. US Courts have…
…flows. On that basis, it is possible that the national courts of those States may treat officials appointed by Guaidó as the only legal representatives of Venezuela. US Courts have…
…to the creation of a new arbitration platform Arbinsol, as well as a new IBA Arbitration Committee group, which will issue a toolkit for arbitrators and counsel to provide a…
…one of the concerns leading parties to choose the largely confidential arbitration proceedings over litigation (see Art. 44 Swiss Rules). Art. 25(6) Swiss Rules even explicitly provides that arbitration hearings…
…I have been teaching arbitration at different law schools throughout Mexico. This has provided me with a platform to always keep studying and researching legal issues related to arbitration. …
…in the launching of the ICC application. Such commitment to “Greener Arbitration” will also be reflected in the new 2021 ICC Arbitration Rules. In an interactive debate, the panelists and…
…investment treaty arbitration to recover assets, even from the state that appointed the administrators. Generally, external administrators are appointed by directors, creditors or courts to administer companies that are unable…
…will further consider the draft Code of Conduct in its 40th session. All reforms don’t lead to arbitration: the rise of investor-State mediation This year we have seen a…
…address, in its report, the arguments made therein (Annex INST: Rules of Procedure for Dispute Settlement, para. 41). The state-to-state arbitration mechanism provides for ad-hoc arbitration (potentially with the assistance…
…(i) public policy within the applicable law (rules that the parties cannot contract out from); (ii) public policy as defined in private international law; and (iii) national mandatory rules defining…
…ensure the proper interpretation of arbitration agreements, but also to assess the substantive validity of arbitration agreements and the recognition of arbitral agreements. Article II(1) of the New York Convention…
…Due Process Under the Swiss Rules of International Arbitration Nadia SMAHI analyses due process under the Swiss Rules of International Arbitration and provides an overview of all decisions rendered by…
…arbitration in accordance with the International Arbitration Rules of the CAM Santiago, seated in Santiago, Chile. According to the Decision, the terms of reference of the arbitration provided that the…
…for international and regional arbitration under the Uniform Act on Arbitration adopted by the seventeen OHADA Member States. This momentum continued with the recent adoption of the new Act which…
…International Arbitration Global Practice, supports this development: “The inclusion of provisions concerning TPF into the new ICC Rules recognizes funding’s place in the international arbitration landscape.” Nothing Worthwhile Ever…
…of Article 13(6) now aligns the ICC Rules with other investment arbitration rules such as Rule 1(3) of the ICSID Arbitration Rules. Party representation New Articles 17(1)-(2): “(1) Each…
…2021. The new rules make important changes to the 2017 ICC Arbitration Rules including enhancements to the joinder and consolidation provisions, which will be the focus of this blog post….
2020 saw important case law developments concerning the proper law of arbitration agreements, where the seat of the arbitration is in a different jurisdiction from the governing law of the…
The Editorial Board of Kluwer Arbitration Blog announces the opening of three positions with Kluwer Arbitration Blog: Assistant Editor for Europe, Assistant Editor for Middle East North Africa (MENA), and…
…arbitration hearings and conferences took to virtual platforms. Arbitral institutions in Southeast Asia were no exception. Our Blog provided same-day coverage of the Singapore International Arbitration Centre (“SIAC”)’s first virtual…
…twenty-seven states and allows for the resolution of investor-state disputes by ad hoc arbitration. There has been much scholarly discussion about this treaty as cases under its aegis continue to…
…under the ICC Rules (Note). In another example, the London Court of International Arbitration (LCIA) released its 2020 LCIA Rules, which came into effect on October 1st, 2020, providing a…
…III (‘WG III’) and ICSID’s working papers being prominent examples. During these reviews, States and arbitration institutions have been “exploring the potential for investor-State mediation to work alongside arbitration, or…
…dedicated case administration service complete with its own arbitration rules. As a result, we have broadened the choices of parties with regard to administered arbitration using institutional rules developed in…
…Nonetheless, 2020 has seen other significant developments above and beyond covid-19: new institutional arbitration rules of LCIA and ICC; the revival of the Yukos awards; the aftermath of Achmea and…