…rules.” These provisions substantially relax the requirements for a valid arbitration agreement under the Arbitration Law. Many arbitration practitioners believe that in amending the Arbitration Law, the requirements should be…
…debates between distinguished professionals comprised of: Alexis Mourre (President, ICC International Court of Arbitration), Christina Täuber (In-house legal counsel, CML International), Karl Hennessee (SVP Litigation, Investigations & Regulatory Affairs, Airbus),…
…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…
…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,…
…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…
…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…
