…Background Facts Allianz concerned an application to set aside a majority arbitration award under Section 37(2)(b)(ii) of the Malaysian Arbitration Act 2005 (“MAA“) for “a breach of the rules of…
…Rules 9 and 17 of the 2016 Rules SIAC’s Registrar,8) Rule 34.7 of the 2016 Rules as well as tribunals9) Rules 18, 19.4 and 29.3. constituted under the Rules. Rule…
…when they are required to refer disputes subject to an international arbitration agreement to arbitration, including the definition of an “arbitration agreement.” Palau also lacks statutory provisions that provide guidance…
…may enter into a specific arbitration agreement and request an arbitration tribunal to examine the existence of damages and establish compensation for such damages through an arbitration award. Art. 24.13(c)…
…under investment treaties include both direct expropriation and indirect expropriation. While direct expropriation—the State’s outright seizure or assumption of legal title over the assets without adequate compensation—is relatively rare nowadays,…
…(“ADCCAC”) with seat in Abu Dhabi (the “Arbitration Clause”). The terms of the unilateral arbitration option under the Arbitration Clause stated, “should the [ADGM] establish an arbitration centre, in advance…
…that the ADGM Courts welcomed their first arbitration-relevant case law in 2019, testing the limits of free zone arbitration à la ADGM. For ADGM arbitration to mature and grow into…
…their legislation and rules. The amendments to arbitration legislation in recent years by states such as the Netherlands,1)Article 1027b, Dutch Arbitration Act 2015. Austria,2)Section 595 (2), Austrian Arbitration Act 2013….
…simply not there. The procedural rules usually applicable to investment arbitrations – such the ICSID Convention and ICSID Arbitration Rules, the UNCITRAL Arbitration Rules 1976, 2010, and 2013 – similarly…
…Vis Moots, and students were exasperated. Yet, they were obsessed with solving the legal questions and possible solutions to this year’s Vis Moot problem, including the patent litigation between Mr….
…Art. 9.2(f) IBA Rules. ↑10 Based on Art. 9.2(g) IBA Rules. ↑11 Notably, the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) encourage tribunals and parties…
…initiated for the enforcement of the arbitration award. An award of the Foreign Trade Arbitration Court of the Yugoslav Chamber of Commerce was considered a possession by the ECtHR in…
…filed. It should be noted that this arbitration is linked to a previous arbitration also related to the Concession Contract and currently in process, raised by the Spanish companies Enagas…
The overwhelming weight of opinion among legal practitioners is that enforcement of foreign arbitral awards in Kazakhstan is theoretically possible under the New York Convention (“NY Convention”), albeit problematic in…
…arbitral award in the U.S. District Court for the Southern District of New York after it had been annulled in the courts of Nigeria (Esso Opinion). In the arbitration proceedings,…
…returned to arbitration. Although slowly, discourse on arbitration, over the past six years, has grown so much that the arbitration circuit’s chatter is now audible even outside Afghanistan. Interestingly, this…
…a foreign investor, there will be a threshold issue as to whether the measure is potentially in breach of the substantive provisions of an investment treaty. There may be strong…
… Oluwafikunayo D. Taiwo, The Restrictive Approach to Legal Representation in Arbitration Proceedings and Its Unintended Consequences in Nigeria The issue of legal representation in arbitration proceedings accounts for one…
…in the form of reactive claims grounded on a different legal basis than the IIA itself (thus legally unrelated to the investors’ claims based on the breaches of IIA provisions)…
…↑4 Cf. ICISD Arbitration Rule 41(5), which requires the party requesting for dismissal to specify, “as precisely as possible”, the basis on which the claim is “manifestly without legal merit”….
…the drafting of the 1958 New York Convention: Nothing has proven to be as divergent as the rules of procedure. Imposing uniform rules would deter many States from signing the…
…arbitration follows the commercial arbitration paradigm, with disputing parties playing a direct role in the composition of the tribunal. This is perceived as a tool of control over the arbitrators’…
…Article V of the New York Convention; and the role of domestic courts in relation to awards contrary to mandatory rules of law and essential public policies (Report, §80). In…
…meetings. These include issues associated with the duration and cost of investor-State arbitration proceedings, and related issues such as security for costs; issues of predictability and consistency between arbitral decisions;…
