…the ECT if we can manage to find agreement on the substantive rules, including the rules for investment protection as well as sustainable development, the environment, and climate change, and…
Introduction On 17 February 2021, the International Bar Association published its revised Rules on the Taking of Evidence in International Arbitration (“IBA Rules”), replacing the former rules from 2010. The…
…International Arbitration, followed by the Queen Mary 2020 International Arbitration Survey which addresses cybersecurity and data protection in their questionnaire, as well as the launch of the 2020 LCIA Rules…
…applicable: as an investment arbitration constitutes neither an international commercial arbitration nor a domestic arbitration, the enforcement regime of the Act is inapplicable. This constitutes a major deficiency and a…
…suggests that the ACMA may be called upon to make appointments in matters referred to arbitration under the Code. Arbitration proceedings The procedure for the arbitration provided under the…
…the discussion: Construction, Tender Disputes, and the Role for Arbitration, in conversation with Jane Jenkins. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here….
…of the Domestic Arbitration Law and the relevant provisions of the EPC, the existing arbitration framework in Uzbekistan is much more suitable for domestic arbitration rather than the resolution of…
…the interaction of human rights and arbitration: can private parties challenge arbitral awards on the basis that the arbitral tribunal violated their human rights under the European Convention on Human…
…international law rules that will apply to UK-EU commercial disputes may lead to a growth in UK arbitration, as London capitalises on its traditional strength as the world’s biggest hub…
…that adopting the EU’s proposal on EAES could entail for the future of investment arbitration under the ECT. Charter Wars: A New Hope With both the EU and virtually…
…legislations and institutional rules, including the Arbitration Rules of the German Arbitration Institute (DIS Rules), do not specifically address this topic (Ibid). The ICC Rules refer under Article 32 to…
…rules came into force at the JCAA: the Commercial Arbitration Rules; the UNCITRAL Arbitration Rules supplemented by the JCAA Administrative Rules; and the Interactive Arbitration Rules. We understand you were…
The concept of ‘waiver’ is a nebulous creature, crossing into the realms of estoppel, repudiation and variation. For the purposes of ss 7(2) and 7(5) of Australia’s International Arbitration Act…
…law clarify the scope of treaty references to ‘arbitration’ in this field. Common Elements of WTO Arbitration Although the possibility of recourse to arbitration surfaced in the 1948 Havana Charter,…
…first looked into whether the “arbitration exception” under the FSIA applied. Copies of the arbitration agreement, the arbitration award and the ECT produced by Stileks were jurisdictional facts that the…
…Consulting and Freshfields Bruckhaus Deringer, as part of the Delos Guide to Arbitration Places (GAP) Symposium 2020. The webinar was moderated by Hafez Virjee (Delos Dispute Resolution / Virjee Arbitration,…
…provisions of the BIT are compatible with the AfCFTA. The provisions of the AfCFTA are also silent on what occurs in relation to conflict issues involving international treaties and only…
…this is the issue that needs to be confronted in 2021. The ICC Arbitration Rules are based on user choice, she said; thus, users are demanding that arbitration reflect the…
In accordance with S20.C of the Code of Sports-Related Arbitration (the Code), the Appeals Arbitration Division (AAD) of the Court of Arbitration for Sports (CAS) has jurisdiction “to resolve disputes…
Latvia is an infamous unicorn in the field of arbitration because of its record-number of institutional arbitration courts. In November 2013, there were 214 arbitration courts in Latvia. Regretfully, this…
… Cultural Differences and their Impact on Arbitration Proceedings. The impact of cultural diversity and different legal regimes was addressed; concerning the differences in legal regimes, Dr. Yang offered interesting…
…ADR The UK Jurisdiction Taskforce (part of the LawTech Panel of the Law Society), which recently published draft rules for resolving disputes arising from new technologies such as cryptoassets, cryptocurrency,…
…regarding its existence, validity or termination, shall be referred and finally resolved by arbitration under the Rules of the London Court of International Arbitration (the “LCIA Rules”), which rules are…
…the President of its Court of Arbitration in Paris is tipped to be replaced by a woman, Claudia Salomon. This is all positive news. But does it mean we should…
