the premature termination of a sunset clause challenges the good faith obligations of the Agreement’s Members (see another Kluwer blog post) by taking away any accrued rights held by investors…

rules restricting the sheer volume of materials put before a tribunal are practically absent; so too are rules guiding the parties towards a coherent dispute. That is, parties may lay…

…2021, replacing the 2017 Rules of Arbitration. The new Rules make noticeable changes to the framework of ICC arbitration, while not altering its character. Most significantly, the 2021 Rules update…

…terms “fair and reasonable treatment.” The tribunal concluded that a difference between “reasonable” or “equitable” was insignificant, and no evidence supported a different protection than granted by the fair and…

…issues relating to the parties’ contract absent evidence indicating the parties intended to exclude those issues from arbitration). The Third Circuit considered Prima Paint relevant, stating the severability doctrine prevents…

the significance of this decision, it is worthwhile taking a look at the historical development of the arbitrability of antitrust matters at international level. In the landmark case Mitsubishi Motors…

…of proceedings, collection and integration of data as evidence, production of arbitral awards compatible with relevant digital platforms, and the automated enforcement of awards. Further, Sir William pointed out the