Document production is widely regarded as one of the most time-consuming and costly elements of international arbitration.1)The 2018 International Arbitration Survey: The Evolution of International Arbitration by the School of…
…arbitration. The SCC’s invalidation of Uber’s arbitration clause should thus be seen as a pro-commercial arbitration decision. Accordingly, to the extent that the Model Law aims to facilitate arbitration as…
…disputes through arbitration and provide regulation of arbitration. Notwithstanding the fact that the provisions are installed in different acts, arbitration provisions contained in all three are essentially the same and…
In its 66th edition, the Brazilian Arbitration Journal presents, in the National Doctrine section, Bruno Pellegrini Venosa’s analysis about the interaction between the applicable law to the arbitral procedure and…
…dollars, before the JCAA. However domestic arbitration in Japan tends to be used sparingly and this is often cited as a reason for many Japanese companies’ relative unfamiliarity with arbitration….
…the introduction of Outcome Related Fee Structures for Arbitration. The sub-committee’s task is to review the current position relating to outcome related fee structures for arbitration, consider whether reform of…
…Conclusion With the Philippines described by the panelists as arbitration-friendly, it is to be expected that the upward trend of international arbitration use by parties in the Philippines will continue,…
…charter party contract provided for a London arbitration clause; yet, the Union of India filed an anti-arbitration suit on the ground of commercial reservation under the NYC i.e. the relationship…
…arbitration agreement; with the caveat that the presumptive law may be rebutted if it invalidates the arbitration agreement. The proper law of the arbitration agreement is most significant where it…
While the hurdles of virtual hearings have been documented with numerous intelligible solutions, little attention has been turned towards how advocacy is faring in the offline-online migration. It is an…
…international arbitration scene? How are its services beneficial to companies, practitioners, and arbitrators / mediators? Can you explain SVAMC’s efforts to support arbitration and mediation centers around the world? SVAMC…
…do not often see top arbitration events being hosted in their cities. This invariably sets them even further behind young arbitrators from other jurisdictions. Digital Coffee Break in Arbitration and…
…annulment of the contract, arbitrators find that it is void.4)Christian P. Alberti, Iura Novit Curia in International Commercial Arbitration: How Much Justice Do You Want?, International Arbitration and International Commercial…
Amid the rise of arbitration-friendly regimes, Malaysia has emerged as one of the preferred seats of arbitration in Asia. Several coordinated factors support Malaysia’s emergence as a pro-arbitration jurisdiction. These…
With a feature presentation on “Major Milestones in Canadian Arbitration Law”, the Canadian Journal of Commercial Arbitration launched last week before an online audience of several hundred arbitration practitioners, scholars,…
…required all disputes to be resolved by arbitration under the ICC rules. The agreement designated Amsterdam as the place of arbitration and was governed by Dutch law. The administrative fee…
…and again iterated the suitability of arbitration for resolving art disputes. Contracts signed between stakeholders in the Indian art industry frequently have arbitration clauses. Moreover, Indian legal practitioners expect an…
…create important dilemmas. First, it seems counter to the very concept of investor-State arbitration, namely that investors of one contracting State invoke a BIT against the other State. Second, such…
On 19 May 2020 the London Court of International Arbitration (hereinafter the LCIA or the Court) issued its annual casework report for 2019. This paper aims to present and analyse…
…a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel. (p. i.) This framing arguably ignores the international law nature of the issue in…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for East and Central Asia. The Assistant Editor reports…
…innovations in State-to-State arbitration. USMCA Chapter 31 (Dispute Settlement) provides a mechanism that largely adopts the approach of NAFTA Chapter 20, while also addressing some of its flaws, which many…
…evolving position on ISDS shows increased caution about consenting to investor-state arbitration, but also that the exclusion or limitation of access to arbitration under one treaty does not necessarily signal…
…of many articles that have reviewed relevant differences with respect to NAFTA, particularly on investment arbitration. This post will explore the arbitration rules applicable to investment disputes under the USMCA…
