…users. Listen to the podcast ‘Comparative Law in Action in Arbitration’ with Joshua Karton. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here….
…potential solution to bypass these hurdles, to wit, modifying arbitration clauses to include a waiver of jurisdictional objections to the subsequent enforcement of an arbitration award. A Primer: Enforcement…
…broad enough access to investor-state arbitration for it to play an important role in regulating state crisis measures. Prof. Waibel argued investor-state arbitration has a fairly limited role simply because…
…risks, to considerations on maintaining confidentiality in international commercial arbitration, as well as calls to address the impact of the General Data Protection Regulation (“GDPR”) on virtual arbitration proceedings, much…
…since the inception of the territorial dispute in 2014. May the Russian Federation be held responsible for investment arbitration purposes? There are no Eastern Ukraine conflict-related arbitration cases for…
…ordered an opinion from the Southern District of Texas titled “Opinion on Arbitration Corruption” to be vacated. This arbitration originated from claims by OOGC that Chesapeake was overcharging fees to…
…or labour rights. If a dispute were to occur under an agreement, individuals from the roster may be called upon to serve on an ad hoc arbitration panel to adjudicate…
…arbitral tribunal (see e.g., Article 9.13 of the2020 LCIA Arbitration Rules, Article 30.3 of the SIAC Arbitration Rules, Article 23.9 of the HKIAC Administered Arbitration Rules and Article 26.9 of…
…to challenge the arbitration agreement at the pre-arbitration stage. Such a provision is completely missing under the 2011 Act leaving an applicant without a remedy at the pre-arbitration stage. Secondly,…
…actual party to the arbitration agreement. As for the third issue, the High Court recapitulated the “generous approach” to the construction of arbitration agreements as espoused in the case law…
…treaty protection and arbitration. Over the past decade, like other Gulf Cooperation Council (‘GCC’) States, it has gradually liberalized its domestic investment laws in a bid to diversify and stimulate…
…Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s decision to allow video-conference should…
…leaders and experts in the field of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we will highlight the podcasts focused on international…
Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The most recent upload of ICCA Yearbook materials in 2020 is now available online. It features 17 court decisions…
The Sixth Sarajevo Arbitration Day conference took place on 23 October 2020 and it was dedicated to the opportunities to adopt positive arbitration practices amidst the challenges created by the…
…under the 1998 ICC Rules of Arbitration. The place of arbitration was Frankfurt am Main, Germany. In its final award, the arbitral tribunal had dismissed all claims by way of…
…foreign awards and awards from international commercial arbitration, in view of the Indian government’s aim of making India a ‘hub of arbitration’. Ritunjay Gupta, Res Judicata in International Arbitration:…
…arbitration, and holds that the arbitration agreement is not binding on the consumer. While this constitutes a major shift in the reasoning of the court, the court is not replacing…
The selected submissions for the current issue deal with a range of diverse dispute resolution topics. Specifically, the issue includes articles on international commercial arbitration, investment treaty arbitration, construction arbitration,…
…international arbitration on the Blog: see here, here, and here. This article will address the following points in relation to four key jurisdictions, being the UAE, Korea, Australia and the…
…136 S.Ct. 463 (2015) involved a binding arbitration provision with a class-arbitration waiver. The arbitration provision specified that the entire arbitration agreement was unenforceable if the “law of your state”…
…when it comes to investment arbitration. The investment arbitration system stands on a strong multilateral foundation. Protection of foreign direct investment is necessary, and states understand its importance. One can…
…the seat of the arbitration. No clear standard can currently be identified in the case law and this has led to undesirable legal uncertainty. As I argue in this post,…
…poses a challenge for those parties facing an arbitration against a company undergoing insolvency and those parties contemplating commencing an arbitration against such an insolvent entity. Not only do a…
