…case. The “seat standard” in China — a new reality? The Guangzhou Court’s ruling in Brentwood v. Guangdong Fa’anlong has thus far been welcomed by the international arbitration community…
…the main contract. The court held that the provisions of the Arbitration Act 1996 do not justify any general inference that parties who chose an English seat of arbitration thereby…
…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…
…of the CISG, Marco Torsello argued that the arbitrators should apply the CISG, on the basis of art. 1(1)(b) CISG, when conflict rules lead to the application of the law…
…than bias evinced during the proceedings. Commentators may argue about the precise legal standard for proving bias, but a party will always have to identify some conduct by the arbitrator…
…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…
…from remote arbitration. The contributors offer conceptual, academic, empirical, anecdotal and practical guidance to the arbitration community on how to conduct arbitration meaningfully in times of crisis and beyond. They…
…Court of First Instance was tasked with considering the enforcement of a foreign award under the New York Convention. The case facts are relatively straightforward: originally, A4 brought arbitration proceedings…
…procedure and domestic arbitration rules, international arbitration rules do not provide for a specific “evidentiary term”, but allow the parties to submit evidence from early stages of the proceedings (beginning…
…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…
…Besides permitting the filing of set-aside motions in the English language, the provisions regulating the court assistance have also been revised and adjusted with the respective provisions of the Code…
In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it…
…UNCITRAL Model Law on International Commercial Arbitration. In terms of institutions, the arbitration rules of major Chinese arbitral institutions generally do not contain limitations on party representative’s nationality or qualification…
…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,…
…highlighting the need for the U.S. Supreme Court to weigh in. The Seventh Circuit Declined to Apply Section 1782 in Servotronics II In Servotronics II, the underlying private arbitration,…
…discussing a different consequence which may be triggered by this new legal framework: a potential revival of the debate over the validity of arbitration clauses inserted in franchise agreements without…
…proceedings will be heard by a five-member tribunal and administered by the Permanent Court of Arbitration. The procedure for the establishment of the arbitration panel requires the EU and the…
…by the Convention (A/CN.9/WG.III/WP.190, ¶39). It is hoped that the ICSID mediation rules and the new UNCITRAL Conciliation Rules coupled with the Convention will encourage States and investors to extensively…
…of ISDS. Continent-wide criticism of traditional investor-State arbitration rules and processes can be found, for one, in the AU’s appreciation of the ICSID Proposal for Rules Amendment. In its comments,…
…that investment treaties entered into by Asian States are beginning to shift from unqualified provisions that provide advance consent to “conciliation or arbitration”, to more elaborate and nuanced provisions that…
…or those of the PCA, ICC, SCC, or IBA); alternatively, UNCITRAL could establish its own rules. Indeed, UNCITRAL is in the process of updating its 1980 Conciliation Rules as part…
In their reform discussions, States and arbitration institutions have been exploring the potential for investor-State mediation to work alongside arbitration, or even to replace it altogether for some disputes. While…
…internacional en todo el mundo. References[+] References ↑1 Kelleher, John D. Machine Learning: The New AI (The MIT Press Essential Knowledge series) Machine Learning: The New AI. Boston: The MIT…
…investor-state disputes. In the Singapore International Dispute Resolution Academy International Dispute Resolution Survey Report 2020 (SIDRA Survey), legal users (lawyers and legal advisers) and client users (corporate executives and in-house…
