…which do not have a fallback to arbitration under the UNCITRAL or other rules). It is in this context that the author wishes to briefly recall the law governing denunciation…
…of the arbitration agreements concluded between the parties despite the contentions by the plaintiff that no dispute existed in the terms of the arbitration agreement. Background of the Dispute…
…clause of its Arbitration Rules (“CBMA Rules”) and the secrecy, found on article 13, paragraph 6, of the Brazilian Arbitration Act (“BAA” – Law no. 9.307/1996) and also on article…
…for. Per s 4(1) of the Act, mandatory provisions “have effect notwithstanding any provision to the contrary”. The Departmental Advisory Committee on Arbitration Report on the Arbitration Bill 1996 specifically…
…the dispute is finally resolved through agreement for by Arbitration [sic] under the CIMAR rules. A dispute arose between the parties regarding the works performed by LGK, and MPB engaged…
…Law of the Supreme Court of Justice), not to arbitration proceedings. What we know so far The case at hand involves a domestic arbitration under the rules of the…
…Immunity Act (“FSIA”) applies. The courts have recognized arbitration exception under the FSIA. Romania, relying on Achmea, contested the arbitration agreement under the Sweden-Romania BIT as invalid and unenforceable. This…
…13.5; ICC Rules, arts. 22.1, 25.1; LCIA Rules, art. 14.4(ii); SCC Rules, art. 23(2); SIAC Rules, art. 19.1; UNCITRAL Rules, art. 17.1; Vienna International Arbitration Centre (VIAC) Rules, art. 28(1)….
…proceedings seated in New York to give evidence in support of the arbitration. The Arbitration The dispute arose under two settlement agreements between A and B on the one…
…debtor challenges a winding-up application on the basis of a disputed debt or cross-claim that is subject to an arbitration agreement, the court should apply the prima facie standard of…
…are not well-defined, not all the rules of public policy necessarily override mandatory provisions. In this respect, overriding mandatory rules cannot be derogated, and their application is compulsory irrespective of…
…contained an arbitration agreement and the place of arbitration was to be Cairo (Egypt). In January 2008, a change in the Egyptian monetary policy led to a variation of the…
…addressed what he labeled as (i) the legal issues; and, (ii) the practical issues that arise as a result of such new reality. First, the legal issues: If both…
…not a subjective right (although domestic legal systems may include provisions to that extent) and puts the proceedings out of the hand of the investor entirely (with payments awarded to…
…BVerfG itself. But in 1992, the Maastricht Treaty came onto the European stage and introduced new tensions on the CJEU – BVerfG relationship. Among other things, the Maastricht Treaty contained…
…Conciliation and Arbitration, US–Costa Rican Chamber of Commerce (CICA) Rules and governed by the domestic arbitration law of Costa Rica (Law 7727). The arbitral tribunal ruled in favor of the…
…closed the way to international arbitration and went beyond the tribunal suggestions. It is worth reminding that Article 20 of the 2012 Investment Code provided for arbitration under ICSID Convention….
…of legal rules. In order to accommodate Western users of Islamic finance products, the article proposes the introduction of a hybrid form of arbitration, namely semi-secular arbitration that allows the…
…ICC Rules, art 6 para 1 s 1 IBA Rules and art 6.1 Prague Rules. ↑5 E.g. BGH case no III ZR 65/06. ↑6 Khvalei, Global Arbitration Review 22 November…
…be driven through the introduction of internal appellate procedures into arbitration rules, than by reform of national arbitration laws. It will be interesting to see if more of the major…
On 22 March 2019, the Dutch Government released the text of the new model Netherlands BIT. Its idealism has been applauded: the new model prioritizes gender and regional diversity as…
…it is consistent with the provisions contained under article III of the New York Convention. However, due to the judges’ misunderstanding of the legal reforms contained in the Investment Law,…
…jurisdiction of Indian courts to grant injunctions restraining arbitral proceedings (popularly called anti-arbitration injunctions). While the grant of anti-arbitration injunctions by Indian courts has been discussed previously on this blog…
…an arbitration clause providing for any dispute to be administered by the International Chamber of Commerce (‘ICC’) under the ICC Arbitration Rules. In the Ruling, the Lagos High Court held…
