Data Protection Considerations In UAE Related Arbitrations
…consider include: 1. The subject matter of the arbitration / identify of the parties – Consider whether the subject matter of the arbitration or the identity of the parties mean…
Search Results for: efficient arbitration
Institutional Rules, KCAB, Online Arbitration, Online Dispute Resolution, Seat of the arbitration, Virtual hearings
The Issue of the Seat of Arbitration in ODR Arbitration
…applicable to the ODR arbitration proceedings shall determine the seat of arbitration. This approach assumes that the seat of arbitration reflects parties’ desire to submit to arbitration under the law…
Code of Conduct, Expedited arbitration, International arbitration, ISDS Reform, Reform, UNCITRAL, UNCITRAL Arbitration Rules, Working Group II, Working Group III
Arbitration Reform Efforts Continue Despite Pandemic
…active for over 20 years, tackling topics including the enforceability of interim measures, the revision of the UNCITRAL Arbitration Rules, transparency in treaty-based arbitration, and more. Yet as Ms. Montineri…
Extension of Exclusive Jurisdiction of Russian State Courts over Disputes Involving Sanctioned Persons: Protection of National Interests or a Threat to Party Autonomy?
…arbitration outside Russia. It is evident that litigation outside Russia means litigation in a foreign court. However, it is not entirely clear what is meant by “arbitration outside Russia”. It…
Tonga Accedes to the New York Convention
…or international arbitration, except for arbitration in respect of certain investment disputes.3)ADB, “Promotion of International Arbitration Reform for Better Investment Climate in the South Pacific” (November 2016) at [5]; ADB,…
The Contents of Journal of International Arbitration, Volume 37, Issue 4
…Arbitration of Employment Disputes in Nigeria? The long title of Nigeria’s Arbitration Act describes the Act as ‘a unified framework for the fair and efficient settlement of commercial disputes by…
Revisiting India’s Position to Not Join the ICSID Convention
…has not stated the specific reasons for its absence from the ICSID Convention, in 2000, the Indian Council for Arbitration recommended to the Indian Ministry of Finance that India refrain…
Personal Takeaway from the Warzone: Organizing, Preparing and Attending a Two-Week Virtual Hearing
Virtual hearings are not a new idea. The arbitration community only started to seriously discuss the benefits and the logistics of having virtual hearings in lieu of physical hearings when…
Interviews of Our Editors: “What Does Kluwer Arbitration Blog Mean To You?”
…evolves, users of arbitration will expect fast and efficient results. It doesn’t seem unfathomable for an online arbitration system to be created for dispute resolution, having its own procedural rules…
How the Arbitration Law of the People’s Republic of China Should Be Modernised
…International Arbitration Act of Singapore, Article 2(1) of Japanese Arbitration Act, and Article 6 of English Arbitration Act 1996. China’s requirements regarding “subject matter of arbitration” and “selected arbitration commission”…
Paris Arbitration Week Recap: Arbitrating Allegations of Corruption in International Business Transactions – Problems and Solutions
…ICC International Court of Arbitration, acknowledged in his keynote speech that there is consensus in the arbitration community that corruption “is a scourge upon international business transactions, and needs eradicating”.1)By…
Anti-enforcement Injunction, Anti-suit injunction, Comity, Conflict of Laws, Enforcement, English courts, Situs of a Debt
SAS Institute Inc v World Programming Limited: Anti-enforcement Injunctions and Competing Judgments on Liability and Enforcement
…arbitration agreements seated in England were excluded from the scope of the injunctions ordered. This is a potentially under-recognised practical consideration in approaching arbitration agreements and EJCs. Second, SAS sought…
The Impact of the COVID-19 Pandemic on Third Party Funding and Security for Costs in International Commercial Arbitration
…counterparty at the time of entering into the arbitration agreement, and have agreed to resolve disputes against this party through arbitration. It is therefore inappropriate for a party to rely…
New Exclusive Competence of Russian Courts in International Sanctions-Related Disputes: Is It as Bad as It Sounds?
…court. This logic seems to be flawed because the courts confused the enforceability of the arbitration clause with the enforceability of the arbitration award. An ICC award, corresponding to the…
Competence-Corrections: Fifth Circuit in the US Says Arbitrators Decide What “Correction” Means
…the arbitration agreement of the parties and the intention of the drafter of the award,” the Fifth Circuit analyzed the arbitration agreement de novo and found that the tribunal had…
The Ambiguous Time-Bar for Enforcement of Foreign Awards in India
…foreign arbitral awards for three reasons. Firstly, the CPC, conscious of the different legal domains in which arbitration functions, explains that a foreign decree does not include an arbitration award,…
The London Chamber of Arbitration and Mediation
…Arbitration and Mediation (LCAM). The LCAM is a new organisation offering arbitration, expedited arbitration and mediation services. This post will explore selected features of the LCAM’s Arbitration Rules and Expedited…
Colombia’s Council of State Defines the Contours of Arbitral Tribunals’ Procedural Discretion in a Recent Annulment Decision
…to assess the interplay between the Arbitration Act and the NYC. In fact, Article 62 of the Arbitration Act establishes that its international arbitration rules will apply subject to international…
Nurturing Discourse: An Overview of AIAC’s Diversity in Arbitration Week
…the adage that arbitration is “pale, male and stale”? The Asian International Arbitration Centre (“AIAC”) launched its inaugural Diversity in Arbitration Week (“DAW”) as part of its ADR Online: An…
Arbitration, ECT Modernisation, Energy Charter Treaty, EU Law, European Union, Investment Arbitration, Reform
ECT Modernisation Perspectives: The Energy Charter Treaty and EU Law – A Cherry-Picking Relationship?
…the world, including the amicus curiae submissions of the European Commission in ECT investor-State arbitrations; in arbitration proceedings, including the first ever claim against the EU itself (brought by Nord…
ECT Modernisation Perspectives: “Can the EU Make the ECT the Greenest Investment Treaty of them All?”
…Party shall strive to minimise in an economically efficient manner harmful Environmental Impacts (…)”. In addition, the provision reaffirms the traditional principles of environmental law; that is, the precautionary principle…
ECT Modernisation Perspectives: Quantum Indetermination in the Current ECT Framework – A Need to Revamp Damages Provisions in the Pursuit of Full Reparation
…law principles of compensation to devise an appropriate valuation methodology. For instance, in the Nykomb arbitration, the tribunal stated that the principles of compensation within Article 13 (1) of the…
Developing an Archetypal ISDS Arbitrator: Unicorn or Rhinoceros
…of the 2017 Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (“CIETAC”) requiring funding disclosures; and amendments to the 2017 Arbitration Rules of the International Chamber…
ECT Modernisation, Energy Charter Treaty, Fair and Equitable Treatment, International arbitration, Investment Arbitration
ECT Modernisation Perspectives: Reforming the Fair and Equitable Treatment Protection
…include a commitment to accord at all times to Investments of Investors of other Contracting Parties fair and equitable treatment.” (emphasis added) It soon became apparent through arbitration that scholars…