…twenty-seven states and allows for the resolution of investor-state disputes by ad hoc arbitration. There has been much scholarly discussion about this treaty as cases under its aegis continue to…
…under the ICC Rules (Note). In another example, the London Court of International Arbitration (LCIA) released its 2020 LCIA Rules, which came into effect on October 1st, 2020, providing a…
…III (‘WG III’) and ICSID’s working papers being prominent examples. During these reviews, States and arbitration institutions have been “exploring the potential for investor-State mediation to work alongside arbitration, or…
…dedicated case administration service complete with its own arbitration rules. As a result, we have broadened the choices of parties with regard to administered arbitration using institutional rules developed in…
…Nonetheless, 2020 has seen other significant developments above and beyond covid-19: new institutional arbitration rules of LCIA and ICC; the revival of the Yukos awards; the aftermath of Achmea and…
…of the arbitration clause in the Agreement, which provided that all disputes arising between the parties shall be settled through arbitration. On the basis of the arbitration clause, the Principal…
…The London Court of International Arbitration (LCIA) is another arbitral institution that sought to update their Rules this year. The new LCIA Rules have already entered into force on 1…
…legal order that is distinct from national legal systems, see Emmanuel Gaillard, ‘Legal theory of International Arbitration’ (2010), Martinus Nijhoff Publishers, Leiden, pp.52-66. but such reference was used to anchor…
…transactions. Despite this trend, one area which is arguably yet to fully embrace international arbitration is Islamic finance. The ICC Task Force on Financial Institutions and International Arbitration suggested that…
…with its original purpose. Similarly, Prof. Dr. van Haersolte-van Hof explained the data protection provision in the new LCIA Arbitration Rules 2020 to highlight the need for those dealing with…
…industry. In this post, we aim at giving you a quick look back to some of our most impactful publications in 2020. A new era for investment arbitration in…
…and arbitrators, will have a profound effect as the legal community begins to contemplate the post-pandemic future. Kluwer Arbitration Blog’s full coverage of Washington Arbitration Week (WAW) is available here….
…cases have arisen out of contractual ICSID provisions. Hence, review of statistics on counterclaims in investment arbitration reveals that many successful counterclaims arose out of contractual provisions allowing States to…
…Virtual Hearings with the Launch of the 2021 ICC Rules: Bringing the arbitrator’s perspective, Professor Whitesell focused on the new 2021 ICC arbitration rules, set to come into effect on…
…clear. It is logical to apply the law identified by the conflict rules prescribed by article V(1)(a) of the New York Convention, enacted in England in section 103(2)(b) Arbitration Act…
…your next arbitration to fill out an AIQ! To ensure quality, we collaborate with law firms and arbitral institutions, the first such cooperating institution being the Singapore International Arbitration Centre….
…PASL Wind Solutions Private Limited (“PASL”). The settlement agreement provided for arbitration in Zurich under the ICC rules of arbitration. In 2017, PASL referred certain disputes under the settlement agreement…
…Arbitration Rules for public comment. The aim of the new rules was to meet the needs of international users. In the wake of South Africa’s 2017 International Arbitration Act (“IAA”)…
…their arbitration agreement, whether through express drafting or (more often) by incorporation of institutional rules, that the parties shall be permitted to seek interim relief from any competent court, it…
…something without being programmed with rules. At its core, machine learning is a new way of creating problem-solving systems. In a machine learning system, over time and with exposure to…
…arbitration certainly grew the more I learned about its great reach and the practical solution it offers to companies doing business overseas. Unfortunately, traditional legal education does not focus much…
…last week on the compatibility of intra-EU investor-State provisions of the revamped ECT with EU law it will not be long until the Court pronounces itself on the point. But,…
…I have no difficulty to imagine that in the field of treaty based investment arbitration such systems provide the same level of insight and statistical predictability. In international commercial arbitration,…
…the arbitration provisions of the future modernised Energy Charter Treaty (“ECT”) are compatible with the EU Treaties. Belgium indicated that the purpose of its request is “to provide clarity and…
