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…
…legal home of the arbitration – in California. The selection of the seat determines the law governing the arbitration procedures and often, and more importantly, the process and rights of…
…opportunities in physical spaces, this represents a rare opportunity to level their skills and connections with their colleagues in international arbitration. Professional Training and Skills Development As new methods…
…knows the law”) compels arbitrators to determine the legal provisions applicable to the dispute, without being bound with parties’ legal interpretation. Thus, considering both principles, arbitrators are independent when determining…
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,…
…Uber paid the commencement fee or by severing the provisions requiring the arbitration to proceed according to the ICC rules and the place of arbitration such that it was unnecessary…
…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…
…extraterritorial conduct (in Crimea) might invoke the provisions protecting against expropriation, fair and equitable treatment (FET), or provisions applicable to armed conflict, such as full protection and security (FPS) and…
…Arbitration Market A record number of 406 cases were reported by the LCIA (346 arbitrations administered pursuant to the LCIA Rules). This is the highest number of cases to be…
…certain conduct for that conduct to be legal; it is enough that international law does not prohibit it. The Lotus principle: States can engage in any conduct that is…
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…
…the UNCITRAL Transparency Rules by reference, but nonetheless contains many of the same disclosure requirements set out in those Rules and in some cases, like other modern treaties, USMCA signals…
…arbitration. Australia and New Zealand have used side letters to exclude the operation of ISDS as between themselves under the Australia – New Zealand – Association of South East Asian…
…arbitration framework set out in Annex 14-D and introducing some modifications. Annex 17-C provides that the investment arbitration provisions set out in the Investment Chapter (Annex 14-D) will apply to…
…now standard U.S. position that MFN does not apply to dispute resolution provisions (See footnote 22). Addressing another controversial feature of NAFTA investment arbitration, Annex 14-D requires that local remedies…
…through the operation of a separate arbitration agreement between the parties (e.g., an arbitration clause of an investment contract with a State-owned entity), or as part of a state-to-state arbitration….
…structure of the NAFTA’s investment chapter, and indeed many provisions word-for-word, were retained. But a number of provisions were improved in their wording, and a number of innovations added. These…
…most importantly dispute settlement, labour and environmental provisions, intellectual property rights, and steel and aluminium requirements in the rules of origin for automobiles. Following this Amendment, the States followed their…
The filing of new actions continues in the United States District Court for the District of Columbia (“D.D.C.”) to enforce ICSID awards rendered against Spain. The latest petition was filed…
…ICC Court of Arbitration for scrutiny under Art. 34 ICC Arbitration Rules. But the Frankfurt Court of Appeals takes an extremely strict position in this respect as well: The confidentiality…
…of women. Thus, the underrepresentation of women in investment arbitration remains a dire problem. In investment arbitration, however, individual arbitrators would be drawn primarily from the ranks of counsel who…
…states that the arbitral tribunal and parties shall make every effort to conduct the arbitration in an expeditious and cost-effective manner. Delay in arbitration may also give rise to due…
…to substantiate it. Implication of the New Rules to Chinese Arbitration The relevant provisions for document production in the Rules of Evidence resemble in many aspects, the document disclosure…
