…the beginning of creating a stronger, more flexible, commercial and efficient arbitration framework for the post-COVID world. More coverage from Hong Kong Arbitration Week is available here. References[+] References ↑1…
…of Hong Kong Arbitration Week 2020. More coverage from Hong Kong Arbitration Week is available here. This interview is part of Kluwer Arbitration Blog’s “Interviews with our Editors”…
…of Law in September 2020 of the International Arbitration Act (“IAA”) pledged to enhance Singapore’s status as an arbitration hub in Asia and improve the legal regime for international arbitration….
…are enforced in India under Part II of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). Section 47 to Section 49 of the Arbitration Act are of significance: Section 47…
…Heller, some drafting modifications, such as a more notorious arbitration clause in a standard agreement, could have saved the arbitration clause. If Heller’s arbitration clause had required arbitration in Canada…
In a recent opinion, the Eleventh Circuit Court of Appeals confirmed its prior decisions that the Federal Arbitration Act’s domestic provision on vacatur does not apply to international awards. In…
…this series, the book contains 17 chapters from 31 leading international arbitration practitioners. The focus of the contributions range from procedural topics in international arbitration emerging during and due to…
Corruption has been a hot topic in investor-state arbitration in recent years. This is particularly the case in situations where Claimant investors are alleged to have procured their original investment…
…has jurisdiction to grant anti-arbitration injunctions in foreign seated arbitrations?’ This decision requires a careful examination because of its impact on 1) the arbitration-friendly reputation that India has slowly gained…
…31, 2013, resulting from an arbitration administered by the International Arbitration Centre of the Austrian Federal Economic Chamber seated in Austria as an Austrian award because the International Arbitration Centre…
…be surprised to find certain peculiar procedures required in their arbitration under Chinese law. In addition, arbitrators who have already accepted appointments in such arbitration proceedings may face similar challenges…
…a pro-arbitration approach and are most likely to grant anti-suit injunctions in support of arbitration by precluding the enjoined party to continue court proceedings in breach of the arbitration agreement….
…the other creditors as well. Interaction Between Arbitration and Insolvency Proceedings Unlike the creditor who files an insolvency petition in court, a claimant in arbitration seeks to protect and…
The relationship between arbitration and the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) is not a clear one, and the question of when…
…the increased sensitivities of disclosure and conflicts in international arbitration. The decision has attracted much attention, including on this blog. It shows that an arbitrator’s professional relationships with third parties…
…Home of Arbitration In his message as ASA President, Felix DASSER addresses the future of Swiss arbitration and the initiatives recently launched by ASA to reinforce the attractivity of the…
…of the adaptability and flexibility of arbitration as an efficient means of dispute resolution. Similarly, in ‘Initiating and Administering Arbitration Remotely’, Patricia L. Shaughnessy of Stockholm University highlights many of…
…in the International Journal of Arab Arbitration (Issue IJAA 1/2020) (not yet released) also assesses conduit jurisdiction through the DIFC courts, in addition to setting out an introduction to the…
…seated in Santiago. As the Emergency Law refers to “arbitration”, with no distinction between national and international arbitration,4)Chile enacted an international commercial arbitration act in 2004, based on the 1985…
…to refer the cases to arbitration if a valid arbitration agreement exists. Further, Section 34(2)(b) provides for awards to be set aside if the subject matter is not arbitrable by…
…at the place of arbitration, which can be resorted to if any assistance is required during the arbitration proceedings, is called the “support judge” (juge d’appui). These courts are vested…
…parties and arbitrators would benefit from additional guidance as to whether such an agreement can be manifested in advance of the arbitration—for example, in an arbitration agreement. In other words,…
The arbitration laws of many established arbitral jurisdictions, for instance, the English Arbitration Act 1996, German Code of Civil Procedure, the Swedish Arbitration Act 2019 (see post on the revised…
…the Effect of the Arbitration Agreement The prevailing view in international legal practice is that a state does not waive its immunity from execution by merely consenting to arbitration. Yet,…
