…Settlement of Investment Disputes Arbitration Rules (the “ICSID Arbitration Rules“). Hence, entering into the ICSID Convention alone does not imply the assignment of any sovereignty of the Ecuadorian State. Notably,…
…key to maintaining a functional relationship between Canadian courts and domestic arbitration is to take a cue from dysfunctional parent-child relationships: allow arbitration to emancipate itself (at least in part)…
…regarding issues governed by this Agreement…”. The tribunal recalled the absence of admissibility rules for counterclaims under the UNCITRAL Rules and followed the two-step approach in Saluka, to confirm that…
Confidentiality is one of the distinctive features of arbitration and is often promoted as an advantage of arbitration. Most arbitral institutions require arbitral tribunals and parties to preserve confidentiality of…
…conflicts of interest. (e.g., South Africa, Thailand) Yes A code of conduct for arbitrators should be standardized Developing a standardized and widely accepted code of conduct, with clear and enforceable…
…of the Gomel Region for recognition and enforcement of an arbitral award made under the Arbitration Rules of the Court of Arbitration of the Latvian Chamber of Commerce and Industry….
…The twelfth empirical survey of the School of International Arbitration, Queen Mary University of London, the 2021 Queen Mary University/W&C International Arbitration Survey (“the Survey”), aimed among others to identify…
…some parties were not bound by the arbitration agreement; and (ii) since the bifurcation of causes of action or parties was not permissible, this necessarily meant that the arbitration agreement…
…vaccines and look forward to once again meeting friends, hugging grandparents and traveling to foreign countries, the international arbitration service industry has entered a new era of increased reliance on…
…million made, the buyer failed to obtain the required project financing and initiated arbitration under the rules of arbitration of the Milan Chamber of Arbitration (CAM) for restitution of sums…
…Article 20 of the Chinese Arbitration Act (1995) provides that: “[i]f the parties object to the validity of the arbitration agreement, they may apply to the arbitration commission for a…
…to meet in person). Many arbitration rules and guidelines have been amended to expressly allow proceedings to be conducted virtually, including the ADGM Arbitration Regulations 2015 (which were amended on…
…legal thinking on the development of arbitration law, Paris Arbitration Week 2019, 4 April 2019, https://www.youtube.com/watch?v=O3nYCp_FgK4 (last accessed 11 May 2021). The former is the ‘English way’, in which courts…
…In particular, there is no analog to Article V(1)(c) of the New York Convention, and parallel annulment provisions of national arbitration legislation, which permits a recognition court to deny recognition…
…unwise to attempt to transpose the New York Convention from international arbitration to cross-border litigation. International arbitration is a consensual process. It is based on party consent and the entire…
…Convention. First, the Convention would replace existing private international law rules, in virtually all countries, governing the recognition of forum selection provisions and foreign judgments, with new rules assertedly modelled…
…Rules and streamline arbitration proceedings under these new rules. Modernisation, Digitalisation and Cyber-Security The 2021 Swiss Rules contain new provisions facilitating the online management of arbitration proceedings. For instance:…
…2016 SIAC Rules and 17.3 of the UNCITRAL Rules, for example – such that the decision could have some impact on arbitrations under those rules. However, the challenges in this…
…Arbitration Helping or Hindering the Protection of the Environment and Public Health? On the occasion of the sixth edition of the Casablanca Arbitration Days, some leading arbitration practitioners from the…
…language requirements. Observing that arbitration rules contain few provisions regulating the conduct of expert witnesses and their testimonies, Leoveanu mentioned an array of guidelines on the use of expert evidence…
…the judiciary’s approach to arbitration in Turkey. In the second session, Alexander G. Fessas, the Secretary General of the ICC International Court of Arbitration, shared the latest ICC updates. Claudia…
…to the ICC International Court of Arbitration (ICC) and the Singapore International Arbitration Centre (SIAC). This is a major development for users of international arbitration in Russia who will now…
…to institutional rules such as those of the ICC and LCIA. As mentioned above, the new joinder and consolidation provisions of the ICC and LCIA Rules may prove useful in…
…valid arbitration agreement and the application of rigid rules of waiver or technical defaults is clearly inconsistent with the fundamental pro-enforcement treatment of arbitration agreements under the New York Convention….
