…enforcement process: while the position may be settled in the Spanish legal order, how should other legal systems determine the effect of the MSC’s decision? Is the answer supplied by…
…contained an arbitration clause under the DIFC-LCIA Rules, seated in the DIFC, which was concluded before the enactment of Decree 34. The Claimant sought to bypass the arbitration agreement and…
Over the last year, the potential for Generative AI in the legal services market has shaken the legal profession. While its impacts are not yet fully understood, many believe that…
…appears to be happening, it would create a legal vacuum. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered…
…and third-party funders to assess an investor’s conduct more holistically before initiating or financing an arbitration. It further creates incentives for investors to better comply with global public interest regulation…
…State. 2nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2nd Annual California International Arbitration Week…
…2023 volume further contains announcements of new arbitration rules and of recent developments in the law and practice of several countries, as well as a comprehensive bibliography prepared in cooperation…
…to a career in arbitration. We will continue to support diversity and inclusiveness initiatives in international arbitration, as well as the coverage of new areas of interest for arbitration, such…
…them, indicatively, purports to ban arbitration involving French public legal entities altogether. It is to be hoped that such anti-arbitration instances/outliers will not be maintained in 2024. Any views…
An arbitration agreement is an agreement to resolve disputes through arbitration. Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR…
On 8 December 2023, the International Institute for Conflict Prevention & Resolution and the New York City Bar Association hosted the first Africa Arbitration Day in New York. One of…
…Commercial Arbitration (“SCCA”)’s first overseas office in the Dubai International Financial Centre (“DIFC”) the release of the new 2023 SCCA arbitration rules, the inauguration of the Russian Arbitration Centre’s first…
…provisions, and the introduction of arbitration proceedings rules that contain interesting provisions that seek to streamline and expedite arbitration-related court proceedings. This Act, aligns Nigeria’s arbitration framework with global standards,…
…The case concerned an arbitration clause, which provided for disputes to be settled through amicable arbitration and where the settlement through amicable arbitration fails, the dispute ought to be resolved…
…AI-generated text and the training of AI tools with the Moot problem. A recent piece, analyzing the rules, foresees that the new rules “will be the first ‘real’ test of…
…commercial arbitration, Russian State Commercial (Arbitrazh) Courts have consistently “grabbed” jurisdiction on claims in the presence of straightforward “non-Russian” arbitration clauses. Notably, pursuant to a law that was adopted in…
…Arbitration Ireland, and Irish Attorney General Rossa Fanning SC emphasised Ireland’s progression on the global arbitration stage, mentioning developments including the recent signing into law of legislation allowing third-party funding…
Precautionary measures in international arbitration is a topic that never ceases to raise new questions and enhance further advancements due to its growing use and constant development. For instance, Mexico…
…has made with decision deadlines could be usefully transferred to arbitration proceedings in other seats. Under a legal system which does not expressly stipulate rules for such time limits and…
In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into the legal position in three…
…award rendered under the arbitration rules of the 1996 Arbitration Act of the United Kingdom, dismissing allegations of violation of Chilean public policy, based on the existence of parallel proceedings…
…mirrors the approach in other states, such as New York,3)See the 2014 New York Supreme Court Ruling to quash nonparty subpoenas in Empire State Building v. New York Skyline, Inc….
…principle be remedied through the constitution of a new tribunal (comp. Rule 74(1) of the ICSID Arbitration Rules). On a more fundamental level, the Advocate-General argued that the principle of…
…“Other provisions” A new “Section VI” titled “Other provisions” include items not addressed under the UNCITRAL Arbitration Rules. These include: Consolidation of Arbitrations The 2024 Rules feature a new provision…
