…as a forum for investor-state arbitration. Yet, they offer well-designed court-based mechanisms with competent, internationally experienced judges (in the case of DIFC even drawn from various jurisdictions), time efficient case…
…still resubmit an enforcement application with improved documentation (see here), but such procedure will delay the enforcement of the arbitral award. International arbitration practice Most institutional arbitration rules do…
The intersection of competition law and arbitration has been around for thirty-five (35) years. Competition disputes are likely to be seen more frequently in arbitration today, given its flexibility, speed…
…are regarded as defective as the arbitration clauses contained in the intra-EU BITs “cannot serve as a legal basis” for arbitration proceedings (Article 4). Accordingly, the goal of the Agreement…
…Arbitration’ – ‘The “referral to arbitration” is to be understood as meaning either a stay of the court proceedings pending arbitration or the dismissal of the claim for lack of…
Readers of this blog are well familiar with the sharp criticism international arbitration faces on account of the quality of legal reasoning in arbitral awards. Traditionally, much of the prolific…
The Institute for Transnational Arbitration (“ITA”) hosted a four-part webinar discussing the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, between 21-25 September 2020. Each part addressed specific…
…left trying to predict their capacity to exploit natural resources in space as the regulatory regime shifts below them. Testing the Boundaries of Investment Arbitration This year’s World Space…
…the fundamental considerations of equity which mandate that female participation at the highest levels of international arbitration reflects the participation of women in the legal profession and the arbitration community…
On 14 October 2020, Professor Zachary Douglas QC delivered the 19th annual Clayton Utz and University of Sydney International Arbitration Lecture as part of Australian Arbitration Week. This year’s topic…
…costs under the relevant legislation. Article 46 of the Federal Arbitration Law (وزارة العدل – بوابة التشريعات, “Arbitration Law”) allows the arbitral tribunal to assess and award arbitration costs. It…
…independence in the production of evidence in arbitration and presents the results of the research conducted within the Brazilian arbitration community and the arbitral institutions of the country. In the…
On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (ICC) approved and released its 2021 Rules of Arbitration (2021 Rules), in draft. These Rules…
…the key characteristics of international sports arbitration that distinguish it as a unique field of arbitration. What makes sports law and sports arbitration distinct? Sports law was traditionally viewed…
…has also witnessed its own evolution over the past century, with arbitration and mediation taking centerfield as the preferred dispute resolution mechanisms. The understanding of these mechanisms, however, has remained…
…referred to international arbitration, the investor and the Party concerned in the dispute may agree to refer the dispute to an international arbitrator or ad hoc arbitration tribunal to be…
…existence of three dispute settlement alternatives in Article XIII (domestic litigation, national arbitration and international arbitration), and the absence of express language entitling the investor to initiate proceedings, constituted consent…
…queen of all threshold issues’ in arbitration law:” whether a court or arbitrator(s) decides if an agreement exists when the alleged agreement itself “includes an arbitration provision empowering an arbitrator…
…the arbitration clause and thus paves the way for arbitration” (Judgement, para. 20). Furthermore, the Court concluded that the scope of application of arbitration agreements is not limited to contractual…
…of Remote Hearings’ in Maxi Scherer, Niuscha Bassiri and Mohamed S Abdel Wahab (eds), International Arbitration and the COVID-19 Revolution (Kluwer 2020). The Respondents in an arbitration seated in Vienna…
…Tribunal) and Amanda Lee (Careers in Arbitration) decided to try and find a way to make the best of the situation, create opportunities for the arbitration community to engage and…
…on arbitration’s path towards more transparency. This concludes our coverage of Hong Kong Arbitration Week 2020. More coverage from Hong Kong Arbitration Week is available here. References[+] References ↑1…
Day three of Hong Kong Arbitration Week 2020 featured, as part of the ADR in Asia Conference, a panel session on US-China relations and the challenges and opportunities that arise…
…these unprecedented issues. Potential of DLT in arbitration Sir William highlighted the potential for employing distributed ledger technology (“DLT”) including smart contracts in arbitration, as it could enable automated initiation…
