…the Effect of the Arbitration Agreement The prevailing view in international legal practice is that a state does not waive its immunity from execution by merely consenting to arbitration. Yet,…
…the same arbitration that was before the Seventh Circuit. Servotronics sought testimony from non-party Boeing Corp. in South Carolina. The Fourth Circuit held that the foreign private arbitration fell within…
…auspices of ARBITAC – Arbitration and Mediation Chamber of the Paraná State Commercial Association and CAM-CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada). In this…
…proceedings will be heard by a five-member tribunal and administered by the Permanent Court of Arbitration. The procedure for the establishment of the arbitration panel requires the EU and the…
…system was that States that signed up to the ICSID Convention and ultimately included it in investment treaties were no stranger to arbitration. In many national legal systems, arbitration had…
…or instead of arbitration in the resolution of investor-State disputes in Africa. A certain discontent with investment arbitration It is no secret that some African States are relatively displeased…
…is that many older investment treaties expressly require parties to choose between “arbitration or conciliation”. Arguably, a choice of conciliation may preclude subsequent recourse to arbitration if conciliation proceedings fail…
…avenues to integrate mediation into the institutional arbitration apparatus as envisaged by delegations (II). The post concludes with some thoughts about areas that are ripe for further study which could…
In their reform discussions, States and arbitration institutions have been exploring the potential for investor-State mediation to work alongside arbitration, or even to replace it altogether for some disputes. While…
…¡Felicitaciones! Recientemente, Arbitrator Intelligence contó con la colaboración de Kluwer Arbitration Blog en su encuesta de verano, cuyos resultados proveen de información sustentada en datos sobre aspectos relacionados al arbitraje…
…reconsideration of the common choice of arbitration in favour of mediation for two main reasons. The first reason relates to enforcement as the entry into force of the Convention carries…
…typically more flexible and potentially cheaper than investor-State arbitration. These features mean that it holds particular advantages over arbitration for parties to investor-State disputes. In the first post of our…
…the Civil Procedure Code of Ukraine (“CPCU“) and Article 36 of the Law of Ukraine “On International Commercial Arbitration“ (“Law on ICA“). These latter two instruments mirror the grounds specified…
…suffice to constitute implied consent to the arbitration clause? Well, the guiding principle of arbitration is consent. Yet it will not always be expressed. It may be that the parties’…
…on International Arbitration 520 (K. Christian et al. (eds.), 2020). First, simple AI tools used for accurate and efficient legal research (e.g., LexisNexis, DoNotPay, ExaMatch, and Ross Intelligence). Second, AI…
…However, arbitration was overall the preferred method with 92% believing international arbitration was well suited for TMT disputes and would continue to grow. The Silicon Valley Arbitration & Mediation Center’s…
…“access controls” as one of the important considerations in an arbitration. This principle states that in considering the specific information security measures to be applied in arbitration, consideration should be…
…the health and economic impact of the COVID-19 pandemic may be challenged by foreign investors through arbitration proceedings under IIAs. But it isn’t all bad news. Over the past 5…
Since the enactment of the People’s Republic of China (“PRC”) Arbitration Law (1994), Chinese arbitration commissions have had exclusive access to the mainland China arbitration market. This is primarily because…
…International Court of Arbitration President, Alexis Mourre, issued its Award this May, which came to light when the Metropolitan Municipality of Lima (the “Municipality”) requested and sustained an annulment application…
…Commercial Arbitration would stand in accordance with international standards and would reflect modern practices in international arbitration. Even though the Law on Commercial Arbitration is based on the UNCITRAL Model…
Like many other industries, the field of international arbitration has adjusted to the Covid-19 pandemic. Hearings have gone virtual; arbitrators, counsel and experts have adapted to working from home; and…
…Law to an Arbitration Agreement The question of the law governing the arbitration agreement, even though it is so often invoked and discussed in practice and scholarly work, does not…
…of whether the tribunal even has jurisdiction. For example, if two related contracts contain different arbitration clauses and refer to different arbitration institutions, the tribunal does not need to exercise…
