…On 5 January 2021, four supplementary regulations were approved: (i) the 2021 Arbitration (Rules of Procedure) Regulations, (ii) the 2021 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, (iii) the…
…international arbitration (IA). Some of the core goals of REAL include access and advocacy; to open the door for people of diverse backgrounds to the practice of arbitration, building pipeline…
Similar to Article 9 of the UNCITRAL Model Law (the “Model Law”), Section 9 of India’s Arbitration and Conciliation Act, 1996 (“the Act”) entitles the parties to arbitration proceedings to…
…remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned…
…and ensure that domestic arbitration is not erroneously treated as akin to local litigation. To appoint new arbitrators or not to appoint new arbitrators? Despite the common ground among…
…rather than a set of rules; as one of the first within the arbitration community to spot the potential of investment arbitration when he started his Chronique of ICSID awards…
…both provisions. However, the Court also drew attention to a seeming irregularity in the law: while the decision of the authority to refuse reference to arbitration is appealable under Section…
…that the language of new agreements and their provisions seek a balance between the interests of the State and the attraction of foreign investment. In the case of Mexico, Mrs….
…agreements under the New York Convention is one of the fundamental issues of international arbitration, raising questions that touch upon the very concept of an arbitration agreement laid down in…
…(“LPCR”). Both laws contain express provisions protecting consumers against mandatory arbitration. Article 17 of the LCA provides that: “Concerning disputes between businesses and consumers, even if an arbitration agreement has…
…commercial arbitration and examines how they should set about to achieve a coherent set of transnational rules that afford legal predictability to international commercial transactions. James FREEMAN, Karolina LATASZ, Non-identical…
…transactions. The International Chamber is also meant to play a key role in international arbitration. It can hear any appeals made against “decisions rendered in the field of international arbitration”…
…Article 26 ECT offers the investor the choice between domestic courts of a Contracting Party or international arbitration under ICSID, the UNCITRAL Arbitration Rules or under the Arbitration Rules of…
Transparency in international investment arbitration refers to the extent to which the public can access arbitral proceedings and information pertaining to those proceedings. The ICSID Arbitration Rules and the UNCITRAL…
…Indian Arbitration and Conciliation Act, 1996 (Indian Arbitration Act). Global Mercantile opposed the reference, amongst others, on the ground that the Transport Work Order that contained the arbitration agreement was…
…can prove to be a very useful means of settling the dispute, as many arbitral rules such as those of the ICC or LCIA contain clear provisions on the consolidation…
Arbitration Tech Toolbox is a new series on the Kluwer Arbitration Blog that aims to stimulate broader discussion and debate in the arbitration community on arbitration-related technology, its impact, and…
…market experts beyond generalist judges and arbitrators. Ms. Schenewerk added that arbitration clauses in cross-border ‘new space’ contracts and ‘new space’ insurance policies are rarely invoked, however, because there are…
…states that, with the exception of public subscription provisions and in the absence of specific provisions, all provisions related to public joint stock companies apply to private joint stock companies….
…installments. Li alleged that Gao did not perform the Contract and therefore, the Company and Li filed for arbitration in Shenzhen. The Company and Li sought in the arbitration that:…
…as the Prague Rules). DISCLAIMER: The Kluwer Arbitration Blog disclaims any and all liability owing to the improper use of astrology, sorcery, or full body massages in arbitration. Any…
…the forceful joinder of a third party in a hypothetical arbitration under the rules of the Swiss Chambers’ Arbitration Institution (Swiss Rules). Third-Party Notice Explained Notice to third parties…
…transactions and growing number of organisations and industries embracing arbitration as a dispute resolution mechanism. As a result, disputes submitted to arbitration have become increasingly technical, with substantive and procedural…
The Court of Arbitration for Sport (“CAS”) has once again in a recent case demoted the burden of proof for an athlete seeking to show they did not commit an…
