…the Cour de cassation held that an arbitration agreement providing for arbitration under the ICC Rules amounts to an implied waiver of immunity from execution. Similar rulings exist in Sweden…
…Latvia Latvian arbitration legislation reached an important milestone in 2024 with the introduction of an extensive restatement of its arbitration framework. First and foremost, the amendments to the Latvian Code…
In modern arbitration proceedings, most evidence goes through a digital process before reaching the eyes of decision-makers. Physical documents are scanned, processed with Optical Character Recognition (“OCR”), archived, and transferred….
…Regional Centre for International Commercial Arbitration (“CRCICA”) release a new set of arbitration rules (as discussed here), Bahrain sign a groundbreaking bilateral treaty with Singapore establishing a new international commercial…
…it useful for them to have access to the exhibit lists. The Tribunal did not permit the communities to provide legal opinions “the rationale being that the disputing legal teams…
…this approach, any unforeseeable difficulties or costs in arranging international arbitration can invalidate dispute resolution clauses. The Court declared that international arbitration under LCIA rules would not be independent and…
…2022, 2021, and 2020). New trends and reforms are also on the horizon. This post aims to review some of this year’s noteworthy developments. Investment Arbitration: An Idle Year…
…of arbitration was not in England and no arbitral proceedings were on foot, CPR 62.5 in respect of arbitration claims did not apply to permit service out of the jurisdiction….
…arbitration. Most notably, such actions have gradually undermined efficiency in international arbitration (discussed here). In practice, efficiency cannot give in to due process as they jointly sustain international arbitration [Menon,…
…does not automatically apply to arbitration. It reinforced the procedural independence of arbitration to judicial procedural rules, granting parties greater flexibility in tailoring their processes to meet the specific needs…
…a less restrictive approach would upset the contracting parties’ expectations with respect to their rights to commence legal proceedings against a non-party outside of arbitration. Arbitration clauses are often described…
…agreement under PRC law. On the institutional side, China International Economic and Trade Arbitration Commission (CIETAC)’s 2024 Rules, effective as from January 1, 2024, introduced new provisions on third-party funding…
The Qatar International Centre for Conciliation and Arbitration (“QICCA”) has recently introduced new arbitration rules, effective from 1 January 2025 (“2024 Arbitration Rules”). These revised rules are aligned with global…
…in other Pacific States. This close legal connection makes New Zealand an ideal hub for international arbitration in the Pacific region. As more investment flows into the Pacific, the likelihood…
…provisions. Analyzing the draft’s structure and its mechanism for applying various reform options, the authors underscored its potential to standardize procedural rules while noting unresolved issues about substantive coherence. Though…
…in Blasket. The US Court of Appeals focused on the existence of the arbitration agreement. It held that the FSIA’s arbitration exception applied because the ECT constituted an agreement to…
On the opening day of the inaugural Japan International Arbitration Week, November 18, 2024, YSIAC held a panel discussion titled “Arbitration as an Advantage: Strategic Use of International Arbitration for…
…with significant legal reforms (such as those in Mexico and Argentina) and emerging trends, reflect efforts to improve the region’s arbitration framework. As Latin America adjusts its approach to arbitration,…
…legal counsel and representatives from arbitration institutions from around the world. Last year, more than 550 arbitration practitioners from over 45 jurisdictions attended at some point. As part of the…
…new name for the institute, to replace the old one (Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”)). What does the new name, SCC Arbitration Institute, signal? I could…
…third batch of arbitrator challenge decisions, helping to further shed light on the LCIA Court’s decision-making process. 2025 will see the LCIA step into a new era, with new Secretary-General…
…assisting the parties in logistical, administrative and regulatory ways to conduct arbitration. Promote expedited arbitration proceedings. We can promote expedited arbitration proceedings to make arbitration accessible, time-efficient, and cost-effective. Foster…
The Patel Engineering Limited (“PEL”) v the Republic of Mozambique tribunal, constituted under the UNCITRAL Arbitration Rules, dealt with pre-investment expenditures and whether such expenditures constitute a protected investment. Investors…
…for the final user of the arbitration proceeding. In the equally engaging second debate, Alexis Mourre (Partner, Mourre, Chessa, Le Lay Arbitration) and Fernando Mantilla Serrano (Partner, Latham & Watkins…
