In a bid to make its legal regime international arbitration-friendly, India has repeatedly amended its principal legislation, i.e. the Arbitration and Conciliation Act, 1996 (the ‘Act’), over the last five…
…Article 10(1) of the UNCITRAL Arbitration Rules, Article 10.1 of the LCIA Arbitration Rules, and Section 1036 of the German Code of Civil Procedure) A provision in the Arbitration Rules…
…a simple change increasingly endorsed by leading arbitral institutions – e.g. Article 4 of the LCIA 2020 Arbitration Rules providing for electronic communications as a default, or Article 26.1 of…
…Rules (2017), Rule 5.7, though this is only applicable where the Court is appointing a sole arbitrator or a presiding arbitrator; Hong Kong International Arbitration Centre Administered Arbitration Rules (2018),…
…COVID-19 pandemic, arbitral practice has rapidly changed and new empirical research aimed at understanding the experience and expectations of the users of international arbitration is timely. The 2020 School of…
…increase in diversity. Listen to the podcast ‘Arbitration in China’ with Chiann Bao. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here….
The annual Fordham Conference on International Arbitration and Mediation took place virtually on 20 November 2020, the final day of the second annual New York Arbitration Week. Under the guidance…
On Thursday 19 November 2020, during the fourth day of New York Arbitration Week, the ICC International Court of Arbitration held a virtual round-table discussion of the challenges faced by…
…resolution. Mélida and Caline are two shining examples. Recordings for all New York Arbitration Week 2020 events are available here, and Kluwer Arbitration Blog’s full coverage is available here….
Day three of New York Arbitration Week 2020 featured a panel discussion on non-signatories in arbitration sponsored by the Chartered Institute of Arbitrators New York Branch and the New York…
…early settlement. Selecting New York as a Seat or Venue Since the webinar was taking place during New York Arbitration Week, Mr. Tuchmann asked the panel for their views…
…Kluwer Arbitration Practice Plus, Dispute Resolution Data, Jus Mundi. Now, Arbitrator Intelligence (AI) Investment Reports represent a major breakthrough heralding a new era of data analytics in international arbitration. As…
…an arbitrator’s privacy and confidentiality obligations. Where such obligations apply, the parties’ express or inferred consent is required for disclosure to be made. The ICC Rules (article 11(2)), LCIA Rules…
…than party autonomy is in cases of voluntary arbitration. The reasoning behind this is related to the nature of arbitration. Whereas an understanding of arbitration as purely contractual may lead…
…find themselves entangled in disputes. To facilitate the efficient settlement of such disputes, the Permanent Court of Arbitration has introduced the Optional Rules for Arbitration of Disputes Relating to Outer…
…Prague Rules, Yu Jin Tay of Mayer Brown addressed the confluence of opinions voiced in the arbitration community in terms of what the future holds for international arbitration. Ingloong Yang…
…tribunals, etc. A steady increase in environment-related disputes witnessed formulation of specialised arbitral rules to deal with such disputes (See PCA Optional Rules for Arbitration of Disputes Relating to the…
…objectives include: Examining Pakistan’s current legal framework for domestic and international arbitration to identify specific provisions that need to be amended; Providing the reasons for and the language of the…
…arbitration in Hainan from standard practice in China, which provides no legal basis for Chinese domestic entities to submit domestic disputes to arbitration outside of China. The expansion of the…
…is the General Editor of the Kluwer Arbitration Practical Insights, a new online research service for international arbitration practitioners (launched this year), and also the co-founder and the Managing Editor…
…it to enforce an award stemming from such an arbitration in New York. Similarly, a party may also theoretically designate a seat of arbitration in another, foreign jurisdiction while including…
…Dr. Ursula Kriebaum (Professor of Public International Law, University of Vienna) noted, the Hague Rules on Business and Human Rights Arbitration were designed precisely to enable arbitration to provide an…
…is found in the London Court of International Arbitration (“LCIA”) 2020 Arbitration Rules that incorporate new provisions on data protection, cybersecurity and regulatory issues. Specifically, Article 30A provides that “at…
…authorized representatives in Eastern Ukraine Firstly, the Protocol is problematic because it was signed by the representatives of the Donetsk and Luhansk regions as “authorized representatives”. These are pro-Russian representatives…
