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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
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
2020 Review: Latin America and Commercial Arbitration
…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…
COVID-19, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland, Virtual hearings
Imposing Virtual Arbitration Hearings in Times of COVID-19: The Swiss Perspective
…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…
Arbitration Institutions and Rules, Commercial Arbitration, COVID-19, Interview of our editors, Interviews with Our Editors, Latin America, Mexico
Interviews with Our Editors: In Conversation with Sylvia Sámano Beristain, Secretary General of the Arbitration Center of Mexico – CAM
…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. …
Is Arbitration Helping or Hindering the Protection of the Environment and Public Health? Salient Questions from the 6th Edition of the Casablanca Arbitration Day
…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…
Covid-19 and Investment Treaty Claims by Insolvency Administrators
…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…
2020 In Review, Code of Conduct, ISDS Reform, Singapore Convention on Mediation, UNCITRAL WG III Series
2020 in Review: Institutional Reform Efforts and Developments in Investment Arbitration
…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…
Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration
Investment Protection in the EU-UK Trade and Cooperation Agreement
…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…
Dealing with Public Policy Concerns and Due Process: The Rising Arbitrators Initiative Tackles a Thorny Issue
…(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…
Applicable Law, Arbitrability, Arbitration Agreements, Australia, China, Governing Law, Law governing the arbitration agreement, Validity
The Conflicting Lore of Applicable Law: How Australian and Chinese Courts Determine the Governing Law of Arbitration Agreements
…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…
The Contents of the ASA Bulletin, Volume 38, Issue 4 (December 2020)
…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…
The Chilean Supreme Court’s Heart Is In The Right Place, But Its Arguments Are Not
…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…
The CCJA’s Ruling in the Case Republic of Benin v SGS Société General de Surveillance SA: A Step Backwards?
…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…
Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Guidance Note, ICC Rules, Third party funding
Third-Party Funding Finds its Place in the New ICC Rules
…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…
Appointment of arbitrators, Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Rules, Nationality, Party Representation, Procedure, Remote hearings, Settlement
The 2021 ICC Arbitration Rules: Changes to the Arbitral Tribunal’s Powers
…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…
Joinder and Consolidation Provisions under 2021 ICC Arbitration Rules: Enhancing Efficiency and Flexibility for Resolving Complex Disputes
…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 In Review, Applicable Law, Arbitration Agreement, Australia, English courts, French Law, Governing Law, Law governing the arbitration agreement, Pacific Islands, Paris Court of Appeal, Proper law of arbitration agreement, Singapore, Sweden
2020 in Review: Proper Law of Arbitration Agreement
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…
Open Positions: Assistant Editors of Kluwer Arbitration Blog
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…
2020 In Review, AIAC, ASEAN, Diversity, Indonesia, Malaysia, Regional Comprehensive Economic Partnership, SIAC, SIAC Congress, Singapore, Singapore Convention on Mediation, Timor-Leste, Vietnam, YSIAC
2020 in Review: Reflections on the Sea-Change in Arbitration in Southeast Asia
…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…
The Arab Investment Court and Intra-Arab BITs: a Potential New Frontier?
…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…
Cybersecurity, General Data Protection Regulation, International arbitration, Lei Geral de Proteção de Dados, Personal data protection
The New Brazilian Data Protection Law Permits the Use of Personal Data in International Arbitration, Subject to Appropriate Measures by the Parties and/or Tribunal
…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…
2020 In Review, Arbitration institution, Arbitration Institutions and Rules, BIT, Institutional Rules, Investment Arbitration
2020 in Review: Institutional Trends in Investor-State Dispute Settlement
…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…
Interviews with our Editors: A Chat with the Registrar and CEO of the Nairobi Centre for International Arbitration, Mr. Lawrence M. Ngugi
…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…
From the Editors of Kluwer Arbitration Blog: 2020
…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…