…new proceedings in the 2020 (US) financial year. Despite a high number of regional BITs, they form an incomplete patchwork quilt across the MENA region, leading litigants to turn to…
…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…
… judicialization of international arbitration, after the release of IBA’s Rules on the Taking of Evidence in International Commercial Arbitration, with numerous and long submissions to the arbitral tribunal; arbitration…
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…
…new approach to arbitration practice will make tech savvy arbitration practitioners indispensable, and the removal of physical barriers in the virtual setting will allow the breakthrough of persons who previously…
…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:…
…having examined the applicability of the arbitration agreement by looking at all appropriate factual and legal elements at its disposal, declined to apply the arbitration agreement, performed its obligation as…
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,…
…nature of the claims which can still be heard in arbitration, the continuation and conduct of the arbitration proceedings, and the effect on the enforcement of the award. The answers…
…these rights either (i) in a hybrid system combining elements of arbitration with a permanent appellate body; or (ii) before new specialised courts within the judiciary of Member States. …
…2018 HKIAC Rules, Article 42 of the 2017 SCC Rules, Article 32.4 of the 2016 SIAC Rules , Article 30 of the 2014 ICDR Rules). Article 32.6 of the 2012…
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…
The obligation of contracting states to recognize arbitration agreements and refer the parties to arbitration is provided in Article II of the New York Convention 1958 (the ‘Convention’). This post…
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…
…and candidate has an obligation to comply with the applicable provisions of this code” and “[t]he disqualification and removal procedures in the applicable rules shall continue to apply.” The panelists…
…Treaty provisions on ‘control’ over space-based activities nonetheless encourage States to develop licensing regimes to authorise and supervise the launching of objects into space. It is these provisions that assist…
…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…
