…investor-State arbitration. Commentators in favor of the Agreement in Principle’s method of freely choosing an arbitrator have criticized party appointed arbitrators in international arbitration as having an unconscious bias towards…
…arbitration. A significant impact of the pandemic on enforcement proceedings are the likely delays. For example, arbitration proceedings that were nearing closure may be left open indefinitely, especially where formalities…
…parties’ expectations regarding the tribunal’s conduct of the proceedings within a procedural legal framework. The procedural legal framework is usually formed of the due process standard, procedural rules introduced by…
…approved a new statutory framework for the arbitration of corporate disputes based on arbitration clauses set forth in companies’ AoA. The new rules, which will come into effect in 2021…
…2010 sale. Below we discuss the contrast between both legal positions and the soundness of the minority’s view. Background In 1998, TECO invested in EEGSA through a joint venture…
…legitimacy of arbitration, while contributing to achieve greater efficiency in the arbitration proceedings. The “Transparency Lighthouse” of the Arbitration Center of the Lima Chamber of Commerce In 2019, the…
…been given a further boost by the publication by the Arbitration Foundation of Southern Africa (AFSA) of its draft International Arbitration Rules (the Draft Rules), which are currently out for…
On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the 2020 Rules). The 2020 Rules will become effective on 1 October 2020 and will apply…
…arbitration law has permitted dispositive motions for some time, though some rules have only implemented them in the past decade. For example, while the Federal Arbitration Act, which was enacted…
…Arbitration (ICCA) Reports Series. Established in 2019, the Task Force brings together 17 leading international arbitration institutions, law firms and gender diversity initiatives to publish and analyze recent statistics on…
…an “arbitration in Hong Kong” must mean an arbitration that is seated in Hong Kong (Article 2 of the Arrangement). The same requirement does not apply to Mainland arbitrations, which…
…of arbitral awards. The Court then noted that the EU rules on state aid should be applied in coherence with domestic legal order and that such coherence cannot only be…
…outstanding legal gaps in China’s arbitration regime pending amendment of the PRC Arbitration Law, the SPC issued several binding “judicial interpretations” in 2017 (the “2017 Interpretations”), previously discussed by Dr….
…as “whether the parties are bound by a given arbitration clause,” or “whether an arbitration clause in a concededly binding contract applies to a particular type of controversy.” … On…
…relevant individuals with whom to liaise early. • Establish as early as possible which data protection regimes may apply to your arbitration. • Identify who in the arbitration may be…
…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…
…explained, Working Group II has now turned its attention to developing expedited commercial arbitration provisions that may eventually be presented as an appendix to the UNCITRAL Arbitration Rules, or as…
…legal entity, or foreign legal entity) is subject to foreign sanctions or where the dispute itself arises out of foreign sanctions. The exclusive jurisdiction of Russian courts can be changed…
…that “The provisions of the Arbitration Act 1996 (UK) shall apply to any arbitration under this Act.” Section 2 of the Reciprocal Enforcement of Judgments Act 1988 defines “judgment” to…
…the other hand, structural reform, which is mainly supported by the EU, suggests to introduce a new ISDS mechanism (i.e., creation of a multilateral investment court). Among various incremental reform…
…Framework Remote hearings are nothing new, but the Coronavirus Disease-19 (COVID-19) crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators must adapt to the new…
…from becoming a signatory to the ICSID Convention on the following grounds: (1) the Convention’s rules for arbitration leaned towards the developed countries and (2) there is no scope for…
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…
…seem too farfetched to think that the New York Convention may be replaced with a revamped New York Convention on International Procedural Law which would apply and regulate all online…
