…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…
…Russia. The new law does not have any specific rules regarding its application in time, which means that, being of procedural nature, new rules may be applied immediately after the…
…“redetermine the merits of any claim.” Id. at 830. However, it noted that Rule 47 of the AAA Labor Rules authorized the arbitrator to “interpret and apply these rules insofar…
…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,…
…in arbitration in that the arbitral tribunal may award costs to the parties at its discretion. The LCAM Expedited Arbitration Rules: Package Arbitration LCAM’s Expedited Arbitration Rules are a…
…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…
…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…
…2020 on the legal consequences of the Achmea judgment. In the Declaration of the Member States of 15 January 2019 on the legal consequences of the Achmea judgment and on…
…EU’s proposal contains altogether eight new and ‘greener’ provisions. The most notable ones implement the Paris Agreement and State-to-State arbitration concerning that treaty into the ECT, which we will introduce…
…discern on what assessment such amounts are awarded. The ECT modernization process could therefore usefully produce some articulation of applicable compensation standards that should apply in ECT investor-State arbitration cases,…
…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…
…the Energy Charter Conference announced its list of approved topics for the modernization of the ECT. The list included several substantive investment protection provisions. This post focuses solely on the…
…The new rules have been uploaded onto AFSA’s website and can be found here. Arbitration practitioners are encouraged to consider the draft new International Arbitration Rules and to provide feedback…
…of arbitral tribunals with respect to DoB. In other words, the proposed new treaty text is aimed at reflecting arbitration practice. This is not an unusual approach, but a natural…
…instead. The Russian Federation proposed in April 2009 a complete replacement of the Energy Charter Treaty by the Conceptual Approach to the New Legal Framework for Energy Cooperation, pointing out,…
…can more easily absorb new technologies and new protocols and other rules about speed and expense. Indeed, the pandemic can be the very catalyst for exploring and implementing new ways…
…for costs; and amendments to the valuation rules and rules related to third party funding. The Energy Charter Ministerial Conference approved these topics in November 2018, also adopting a declaration…
…Rules of Mediation 2019 – in Light and in Line with the Singapore Convention Executive Director and General Counsel of the Swiss Chambers’ Arbitration Institution (SCAI), Caroline MING, and Christian…
…action, which is an exceptional mechanism for reviewing final awards on the limited grounds mentioned in the Egyptian Arbitration Law No. 27 for 1994 (the “Arbitration Law”).1)The Arbitration Law entered…
…to disrupt the legal practice. But as countries gradually ease out of lockdown and find their way into a “new” normal, it may be worth reflecting on whether, and if…
…different provisions on exceptions, and the relationship between the general exceptions and the treaty’s substantive standards (some of these issues relate to aspects of the ICSID tribunal’s questions that will…
Previous posts have already covered various aspects of data protection in international arbitration proceedings and also in view of cybersecurity. Meanwhile, new and crucial data protection aspects have arisen with…
For awards issued in cases administered by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center, parties can enforce them in the Chinese mainland and Hong…
…Arbitration Place Virtual, an online platform developed to accommodate virtual hearings; a group of arbitration practitioners developed a resource website, virtualarbitration.info, which compiles news and experiences on the conduct of…
