…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;…
…see here). This year’s Problem specifically invokes the LCIA Rules (2014) as the lens for analysis. The LCIA Rules (2014) include General Guidelines for the Parties’ Legal Representatives (‘LCIA Guidelines’)…
…work and vision. The future of international arbitration lies in the new generation of practitioners: both men and women should look forward to creating a more diverse international arbitration environment….
…3 BITs that India has signed since adopting the model BIT in December 2015. The new treaty articulates several provisions (briefly discussed below) in departure from the model version. The…
…one long distance flight for every arbitration would result in significant carbon savings, as would eliminating hard copy submissions. The Committee looked at a “Green Arbitration.” This involved changing the…
…arbitration is to decide on the interpretation of the treaty or observance by a country of the terms of the treaty. It further clarifies that the SSDS arbitration tribunal shall…
…or during arbitration albeit the existence of an arbitration agreement. Article 6(3) also allows the parties to seek for court assistance in case the emergency measure was sought in arbitration,…
…objectives. They also require the conduct of environmental impact assessments prior to the establishment of investments, with a set of minimum national standards. There are some similar provisions in existing…
…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…
…amicably settle investment disputes. Interestingly, 9 of the cases (i.e. 69%) were discontinued according to article 43(1) ICSID Arbitration Rules, based on the request of both parties. These findings might…
…and requirements, governing the submission by claimants of their request for arbitration. In WP3, the ICSID Secretariat noted that some States had requested that the rules governing requests for arbitration…
…suspending contractual performance and force majeure provisions. Contract drafters are rethinking contractual terms including provisions as to arbitral seats, choice of law, institutions and procedures. The virus has caused disruption…
Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in…
…on the prevailing party in the arbitration: the purpose of the New York Convention is to contribute to the effectiveness of international arbitration. Another US District Court analyzed the court’s…
…the needs of international commercial arbitration: the law of Georgia on arbitration (the “Law on Arbitration”) is based on the UNCITRAL Model Law on International Commercial Arbitration as amended in…
…example, the London Court of International Arbitration, the Korean Commercial Arbitration Board and the China International Economic and Trade Arbitration Commission all provide for the reimbursement of reasonable costs or…
…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…
…ISDA Arbitration Guide, which builds on the earlier edition by providing an expanded range of “ISDA-fied” model arbitration clauses for a larger number of arbitration institutions and seats around the…
…the Federal Arbitration Act (“FAA”). Section 4 of the FAA mentions that courts should refer the parties to arbitration upon being satisfied that a valid arbitration agreement existed. However, as…
…for arbitration and refrains from objecting to the jurisdiction. Comment If the CJEU finds that the principles of commercial arbitration – including party autonomy – apply in cases where…
… The ICDR offers its users Optional Appellate Arbitration Rules. How does this process work? On November 1, 2013, the AAA introduced new Optional Appellate Arbitration Rules. These Rules were…
…underlying principle in an arbitration agreement, the procedure laid down in the arbitration clause cannot be permitted to override considerations of impartiality and fairness in arbitration proceedings. The HC squarely…
