In Memoriam: Dr Minas Khatchadourian (1958-2021)
…doctorate degree in international trade contracts and arbitration from the University of Montpellier I in France; as part of that degree, he wrote a thesis on litigation and arbitration arising…
Search Results for: efficient arbitration
Interviews with Our Editors: Reflecting on Arbitration Down Under with Georgia Quick, President of the Australian Centre for International Commercial Arbitration
…and education in relation to arbitration. Let’s discuss ACICA’s newly revised Arbitration Rules and Expedited Arbitration Rules. This is now the fourth iteration of the institution’s rules since ACICA…
Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
…an emergency arbitral tribunal appointed by Singapore International Arbitration Centre (“SIAC”). The Court held that the term ‘arbitral tribunal’ contained in section 17 of the Arbitration and Conciliation Act, 1996…
The Contents of Journal of International Arbitration, Volume 38, Issue 5 (October 2021)
…continued legitimacy and success of international arbitration. Morten Broberg & Niels Fenger, Preliminary References to the European Court of Justice by Arbitration Tribunals When a court or tribunal of…
ARBinBRIEF: New Initiative Kicking Off With A Group Of Trailblazers
…informative insight into arbitration-related topics to all members of the arbitration community. The ARBinBRIEF series is divided into seasons consisting of 10 episodes each. Each episode will be recorded during…
Paris Arbitration Week: Arbitration and Trade Secrets
The Silicon Valley Arbitration & Mediation Center (SVAMC) held a virtual panel discussion on Arbitration and Trade Secrets during the Paris Arbitration Week. SVAMC’s CEO, Les Schiefelbein, opened the event…
Colombia Prevailed in Two Arbitrations Related to the Financial Sector under the Colombia-US TPA
…against Colombia The UNCITRAL Arbitration In the UNCITRAL arbitration proceedings, the Carrizosa brothers requested compensation in the amount of US$ 323 million for the alleged breach of the TPA. The…
foreign direct investment, Foreign Investment Law, Interview, Interviews with Our Editors, investor-State arbitration and mediation, ISDS, ISDS Reform
Interviews with Our Editors: Illuminating Investment Treaty Arbitration and Institutional Services with Antonio R. Parra, Former Deputy Secretary-General of the ICSID
…arbitration, may enlarge possibilities for resort to contract-based arbitration, which still represents a significant proportion of ICSID’s caseload. ICSID conciliation and fact-finding facilities may at last find users. If a…
Growing Gender Diversity in International Arbitration: A Half Truth?
Introduction In the past few years, there has been a visible focus on ensuring diversity, especially in terms of gender, in international arbitration (IA). This engagement has, arguably, assumed the…
Revision of the WIPO Arbitration Rules: Adapting to an Increasingly Remote Setting In Technology Disputes
…and coincides with revisions of other arbitration rules such as the ICC rules for 2021, LCIA rules for 2021 and the Swiss Arbitration Centre rules for 2021. Further changes concern…
Moldovan Supreme Court: Execution of Enforcement Title Falls Outside the Scope of the New York Convention
…(the “Respondent”). The award was issued by the arbitral tribunal in the arbitration administered by the Permanent Court of Arbitration at the Public Organization of Ukraine “Union of Investors of…
Paris Arbitration Week: Protecting Your Interest Through Interim Relief From Mainland Chinese Courts
…arbitration. Proposed amendments to Chinese arbitration law The last topic of discussion concerned the recent publication of the Revised Draft of Arbitration Law of the People’s Republic of China…
Paris Arbitration Week: Arbitration in the BVI, an up-and-coming hub in the Caribbean
…when negotiating their arbitration clauses. On a final note, Mr Burkill who chairs the BVI Arbitration Group invited persons with interest in international arbitration to join the BVI Arbitration Group….
Paris Arbitration Week: Is There an App for That? Arbitration of Smaller Commercial Disputes in the Technology Sector
…will we begin experiencing a true technological disruption of arbitration. Disruption of arbitration The discussion kickstarted with a conversation on whether and to what extent arbitration could be disrupted…
Paris Arbitration Week: Harmonization through Arbitration – the Arbitrators’ Role and Function
…arbitration from commercial arbitration in that regard: commercial arbitration tribunals regularly interpret standard construction or oil and gas contracts, just as investment arbitration tribunals routinely interpret investment treaties offering similar…
Cross-Disclosure In Parallel Investment Arbitrations: Perspectives For States
…Cairn Group (“Cairn Arbitration”), on one hand, and Vedanta Resources plc (“Vedanta Arbitration”) on the other. Both arbitrations emanated out of the same taxation measures taken by the Indian government…
Wolters Kluwer Expands Practical Insights Topic Module for Kluwer Arbitration Practice Plus
Wolters Kluwer Legal & Regulatory U.S. recently announced the inclusion of additional topics to the Practical Insights module in Kluwer Arbitration Practice Plus (KAPP). The 23 topics expand Kluwer Arbitration’s…
Arbitration Act, Arbitration Agreements, Arbitration institution, China, judicial review, kompetenz-kompetenz, Validity
Validity of Arbitration Agreement: A New Relaxed Approach in the Draft Amendment to PRC Arbitration Law
…domestic arbitration, an arbitration agreement shall be in writing to be valid, and for international arbitration, “an arbitration agreement shall not be subject to any requirements as to its form”…
Can the Egyptian Government Vest A Municipal Court With The Power To Review ICSID Awards?
…in Egypt, where in particular investment arbitration is seen as contravening the national interest. It conforms to a global trend critical towards investment arbitration. Since the start of this millennium,…
New Concession Arbitration Court in Hungary: An Uneven Playing Field
…arbitration institutions. More precisely, the Permanent Arbitration Court for Money and Capital Markets and the Permanent Arbitration Court for Energy Matters were merged into the Permanent Arbitration Court Attached to…
Court Discretion in Indian Setting-aside Proceedings: Modification v. Doing “Complete Justice”
…set-aside an award completely. The Supreme Court of India (‘Supreme Court’) has finally decided the scope of an Indian court’s power to modify awards under the (Indian) Arbitration and Conciliation…
The Circuit Split on the Scope of Section 1782 Discovery in the United States: Will it Ever Get Resolved?
…the Ninth Circuit case mentioned above appear willing to continue litigating the issue even though the underlying arbitration has concluded). Second, even if the parties to an underlying arbitration that…
The Missing Link in Progress to Greater Diversity: YOUR Feedback about Diverse Arbitrators – Arbitrator Intelligence 2021 Diversity Campaign
…are: Careers in Arbitration, Mute-Off Thursdays, the Diversity Checklist, Women Way in Arbitration LATAM, Victoria Pernt’s myArbitration, breaking.through, the African Promise, SWAN (the Swedish Women in Arbitration Network), the Cross-Institutional…
SIAC Congress Recap: The Multi-Million Dollar Question – Will the Pandemic and Governments’ Response to it Lead to a Spike in Investor-State Arbitrations?
The 2021 SIAC Congress held virtually on 10 September 2021 drew arbitration aspirants and practitioners from all over the globe, and sought to grapple with the key challenges of the…