The institution of emergency arbitration (EA), in general, and its usage in investment treaty-based disputes, in particular, is a relatively new procedural tool. In investment disputes, EA has reportedly been…
…of the arbitration agreement. A mandatory law of the forum where the contract is to be performed may render the arbitration agreement invalid. Applicable mandatory laws may also affect the…
…they had already done so, that they should denounce the Convention. Two good friends, Trevor Hartley and João Ribeiro-Bidaoui, recently responded on Kluwer Arbitration Blog and elsewhere, disagreeing with my…
…as the New York Convention, the Inter-American Convention on International Commercial Arbitration, and the European Convention on International Commercial Arbitration, is that the recognition court may review the jurisdictional basis…
…something in between? Coming to terms with the role of the party-appointed arbitrator, 83 Arbitration 185, 195 (2017), citing Gary Born, International Commercial Arbitration, 2nd edn (2014) 1639. Prudent parties…
…which was designed specifically for international arbitration, to the very different context of forum selection clauses and national court judgments.” Not only is this a fundamental misconception of the genesis…
Founded in 2013, the New York International Arbitration Center (“NYIAC”) is a non-profit organization that promotes and enhances the conduct of international arbitration in New York, offers educational programming, and…
Where C commences an arbitration against a non-existent entity E, and D defends the arbitration in the guise of E, can an award rendered in favour of E be enforced…
…acted as the accelerator for the largescale acceptance of technology in this field, though some are still skeptical. The international arbitration community was particularly quick to adapt to the new…
…to the audience. The panel consisted of four speakers: Caroline Swartz-Zern (Australian Centre for International Commercial Arbitration), Lucy Martinez (Martinez Arbitration), Jun Wang (Fitzgerald Lawyers) and Anna Kirk (Bankside Chambers)….
…as prescribed in Articles 6 to 8 of Taiwan’s Arbitration Law. From a Taiwanese perspective, restrictions on who can act as arbitrators preserve and promote public confidence in arbitration. From…
…had established a worldwide reputation as an advocate and adviser on thorny questions of public international law, mostly involving sovereign-to-sovereign disputes. Then came the great boom in international investment arbitration,…
…to expedited arbitration rather late in the day. A number of commercial arbitration institutions have already adopted procedural rules on expedited or fast-track arbitration and gathered experience with that format….
…Arbitration Law (“Arbitration Law”). Still several major arbitration institutions in Mainland China have introduced the concept of emergency arbitrator into their arbitration rules. Since 2017, we have seen at least…
…against a Swiss party to a foreign arbitration do not per se lose their arbitrability if that party goes into bankruptcy after the initiation of the arbitration proceedings. 1….
…v. Croatia (II). On 11 February 2021, the HRC Frankfurt sided with Croatia and declared Raiffeisen’s arbitration inadmissible. In its decision, the court reasoned that the arbitration clause in the…
…from China’s accession to the ICSID Convention. In addition to UNCITRAL arbitration, the Hong Kong-UAE BIT provides for arbitration by the International Court of Arbitration of the International Chamber of…
…of international arbitration. Our 2021 Arbitration Idols are once again distinguished leaders from around the globe who have generously donated their time to Arbitration Idol 2.0 and by doing so…
…HORTOĞLU, Fraud and Arbitration: The Truth Untold Unravelling the thorny topic of fraud in arbitration, Yağmur HORTOĞLU proposes a categorisation of the different types of frauds specific to arbitration and…
…one must not confuse Emergency Arbitration with Expedited Arbitration: Emergency Arbitration is about urgent interim relief; Emergency Arbitration may well interact with Expedited Arbitration. As final thoughts, Patricia Shaughnessy offers…
…ultimately, how they compete.” Similarly, the potential for AR in international arbitration could be significant for a number of reasons. First, our shared experience in the arbitration community of successfully…
In June 2020, we ran a survey of users’ experiences with remote hearings. Our preliminary findings, which we published in International Arbitration and the COVID-19 Revolution (edited by Maxi Scherer,…
…the power to determine the admissibility, relevance, materiality and weight of any evidence’. This is mirrored in most arbitration rules. By contrast, the ICC Arbitration Rules remain silent as to…
…2019, 2) Interactive Arbitration Rules 2019, and 3) UNICITRAL Arbitration Rules 2010 and Administrative Rules for UNCITRAL Arbitration 2019. The Commercial Arbitration Rules 2019 was designed to make arbitration more…
