Readers of this blog are well familiar with the sharp criticism international arbitration faces on account of the quality of legal reasoning in arbitral awards. Traditionally, much of the prolific…
…and candidate has an obligation to comply with the applicable provisions of this code” and “[t]he disqualification and removal procedures in the applicable rules shall continue to apply.” The panelists…
…Treaty provisions on ‘control’ over space-based activities nonetheless encourage States to develop licensing regimes to authorise and supervise the launching of objects into space. It is these provisions that assist…
…the fundamental considerations of equity which mandate that female participation at the highest levels of international arbitration reflects the participation of women in the legal profession and the arbitration community…
On 14 October 2020, Professor Zachary Douglas QC delivered the 19th annual Clayton Utz and University of Sydney International Arbitration Lecture as part of Australian Arbitration Week. This year’s topic…
…(“Award”) in arbitration proceedings filed under the Dubai International Arbitration Center Rules (“DIAC Rules”). In the Award, the Claimant was ordered to pay part of the attorneys’ fees incurred by…
…framework applied to the franchise system and the use of arbitration in franchise contracts. Cristina M. Wagner Mastrobuono explores the legislative and regulatory landscape on the rules of impartiality and…
…2021, replacing the 2017 Rules of Arbitration. The new Rules make noticeable changes to the framework of ICC arbitration, while not altering its character. Most significantly, the 2021 Rules update…
…the key characteristics of international sports arbitration that distinguish it as a unique field of arbitration. What makes sports law and sports arbitration distinct? Sports law was traditionally viewed…
…Court of Arbitration for Sport’s (“CAS”) closed list of arbitrators as well as the general lack of access to legal representation. Suggested improvements to the current framework include the need…
…referred to international arbitration, the investor and the Party concerned in the dispute may agree to refer the dispute to an international arbitrator or ad hoc arbitration tribunal to be…
…existence of three dispute settlement alternatives in Article XIII (domestic litigation, national arbitration and international arbitration), and the absence of express language entitling the investor to initiate proceedings, constituted consent…
…queen of all threshold issues’ in arbitration law:” whether a court or arbitrator(s) decides if an agreement exists when the alleged agreement itself “includes an arbitration provision empowering an arbitrator…
…the arbitration clause and thus paves the way for arbitration” (Judgement, para. 20). Furthermore, the Court concluded that the scope of application of arbitration agreements is not limited to contractual…
…Rules and Austrian law, see Franz T Schwarz and Christian W Konrad, The Vienna Rules: A Commentary on International Arbitration in Austria (Kluwer 2009) ch 16; and for procedural fairness,…
…Tribunal) and Amanda Lee (Careers in Arbitration) decided to try and find a way to make the best of the situation, create opportunities for the arbitration community to engage and…
…on arbitration’s path towards more transparency. This concludes our coverage of Hong Kong Arbitration Week 2020. More coverage from Hong Kong Arbitration Week is available here. References[+] References ↑1…
Day three of Hong Kong Arbitration Week 2020 featured, as part of the ADR in Asia Conference, a panel session on US-China relations and the challenges and opportunities that arise…
…these unprecedented issues. Potential of DLT in arbitration Sir William highlighted the potential for employing distributed ledger technology (“DLT”) including smart contracts in arbitration, as it could enable automated initiation…
The first day of Hong Kong Arbitration Week 2020, hosted by the Hong Kong International Arbitration Centre (“HKIAC”), was an opportunity for practitioners to discuss the topic: “Socially Distanced or…
…tribunals addressed the new circumstances in managing cases reflects the inherent nature of international arbitration as a flexible and adaptable dispute resolution mechanism. Whilst having an entirely virtual arbitration including…
…of Law in September 2020 of the International Arbitration Act (“IAA”) pledged to enhance Singapore’s status as an arbitration hub in Asia and improve the legal regime for international arbitration….
…are enforced in India under Part II of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). Section 47 to Section 49 of the Arbitration Act are of significance: Section 47…
…claims while delaying payment until the issuance of any resulting arbitration award.” In Uber v. Heller, the arbitration clause required arbitration under the ICC rules, with the seat of the…
