…arbitration such as the recognition and enforcement of foreign arbitral awards under the New York Convention (“NYC”)? Faced with this question, this post examines whether the global health crisis may…
…co-chair of RAI’s Executive Committee, introducing RAI’s initiative, the panel featuring Alice Fremuth-Wolf (VIAC); Milena Djordjevic (University of Belgrade), and Simon Gabriel (Gabriel Arbitration), commenced the discussion. How to…
Nearly a decade ago, the Permanent Court of Arbitration (“PCA”) published its Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (“PCA Outer Space Rules” or “Rules”). Unlike…
I .The Annulment of an Arbitral Award under Ecuadorian Law Pursuant to article 30 of the Arbitration and Mediation Law (AML), arbitral awards are final and binding for the parties….
…Arbitration, author of more than 250 legal writings focusing on contract law and international arbitration, and chairperson of more than 100 international arbitrations. As the episode title indicates, Professor Tercier…
…parties to file a single request for arbitration for a multi-party or multi-contract arbitration (involving more than one arbitration agreement), inviting, in turn, a composite Response (Articles 1.2 and 2.2,…
…benefit of a London arbitration clause to be told that (where a binding arbitration clause is being — however clearly — disregarded) the only remedy is to become engaged in…
…it be set aside or annulled by a court in the seat of the arbitration under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules. Furthermore, contrary to what…
Despite traditionally being considered unsuitable for arbitration, recent practice evidence that the concrete lines separating antitrust disputes and arbitration have blurred. Ever since the US Supreme Court approved arbitrability of…
…often arises when numerical figures are introduced into evidence and thus is particularly relevant in questions of quantum. The term “bias” has a pejorative connotation in the arbitration world. However,…
…to the arbitration agreement foresee the possibility of commencing emergency arbitration proceedings. So far, almost all institutions have established rules for emergency arbitration. The German Arbitration Institute (DIS) along with…
…described as a cas d’école, reminding investment arbitration actors of the importance of looking carefully to the conditions of entry into force of the BIT that they wish to rely…
…should do so by practicing arbitration in a law firm. The fact that arbitration law was mainly developed by practitioners had important ramifications on the scope of arbitration scholarship and…
…after 35 years, many law firms and many individual lawyers have expertise in international commercial arbitration, including international investment arbitration, with dedicated teams working in these areas. International arbitration has…
This report highlights the most significant arbitration related decisions of the Swiss Federal Supreme Court (the “SFSC”) issued in 2020. Tribunal’s Jurisdiction – Scope of Arbitration Agreement In 2020,…
…official Brazilian gazette. The act implements important modifications in the field, including a few related to arbitration, which came into force on 23 January 2021. Arbitration and insolvency1)The terms ‘insolvency’,…
…2019 Hong Kong Arbitration Week. The arbitration community welcomed this news since, as previously covered on this blog, reforms to permit the use of ORFSs for arbitrations were arguably overdue…
…international arbitration by addressing virtual hearings in greater detail. Similarly, at the end of 2020, the ICC also released its 2021 Rules of Arbitration, which leave no doubt as to…
In the early 2000s, several European states introduced generous incentive programs to attract investors to renewable energy, triggering an investment boom. In the wake of the global financial crisis of…
…growing procedural rigidity and lack of agility, exacts a heavy price on arbitration’s users and their confidence in arbitration, without obvious returns. We must be cognizant of arbitration’s sacrifice in…
…a consumer, to refer the parties to arbitration based on the arbitration agreement’s characterisation as an unfair term. The Court held that the appeal judges did not breach Article 1448…
…are commonly subject to arbitration. In November 2020, reference to an ICC arbitration award addressing tender disputes reached the public domain. The arbitration was between Doula International Terminal (DIT) and…
…role of arbitration in the general justice system should also be borne in mind. Given the very efficient enforcement of arbitral awards (to illustrate, in France, exequatur is obtained ex…
…of Kluwer Arbitration Blog, interviews Abby Cohen Smutny, Global Head of White & Case’s International Arbitration Practice. With decades of experience in international arbitration, Abby shares her thoughts on various…
