Arbitration In Armenia: Recent Developments
…of arbitration in an ad hoc arbitration clause. The court intervention provision contained in Article 6 of the Armenian Arbitration Act (“Act”) referred to the court of the place of…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Arbitration to Fight Piracy: Greece, France, Italy, USA, Israel, Qatar, South Korea vs. Turkey in Support of Cyprus?
…arbitration and State-to-State arbitration (both based on bilateral treaties), and even an arbitration between Cyprus and Turkey based on a multilateral treaty binding the two countries and covering the subject-matter…
“Do You Know the Land Where Lemon Blossom Grows?” – Journey into the Italian Arbitration Rules on Interim Measures
…provisions regulating arbitration under the c.p.c. apply. On the basis of this wording, it is argued a contrario that the provisions of the c.p.c. on arbitration, including Article 818 c.p.c.,…
Unilateral Option Clauses to Arbitration: The Debate Continues
…contained in ‘Chapter V. Conduct of Arbitral Proceedings’ and, therefore, can be said to apply only to treatment and conduct during arbitral proceedings. This seems to be the understanding of…
Arbitral seat, Arbitral Tribunal, Arbitration Act, Arbitration Agreement, English Law, Express choice, Governing Law, Separability, UK
Kabab-Ji: Determining The Governing Law For The Arbitration Agreement Under English Law, The Emerging Focus On The Express Choice Of The Parties
…Fouchard Gaillard Goldman on International Commercial Arbitration (Wolters Kluwer, 1999) at 434. ↑6 Joachim G. Frick, International Arbitration Law Library: Arbitration in Complex International Contracts (Wolters Kluwer, 2001) at 60;…
Artificial Intelligence, Document Production, Efficiency, International arbitration, Predictive Coding
Artificial Intelligence, A Driver For Efficiency In International Arbitration – How Predictive Coding Can Change Document Production
…major institutional rules and arbitration laws encourage tribunals and parties to conduct arbitrations in an efficient and cost-effective manner. This implicitly includes the use of electronic tools: the use of…
Arbitration Agreement, Energy Charter Treaty, Russia, Treaty Interpretation, UNCITRAL, Vienna Convention on the Law of Treaties, Yukos
Revival Of The Yukos Awards Against Russia Following The Decision Of 18 February By The Court Of Appeal In The Hague
…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…
Arbitration Agreement, English Law, Estoppel, Jurisdiction of the arbitral tribunal, No oral modification clauses, Non-signatory, Separability, UK
Kabab-Ji: The Effect Of No Oral Modification Clauses On Non-Signatories Of Arbitration Agreements Under English Law
…was “not to insulate the arbitration agreement from the substantive contract for all purposes”) and it is difficult to see how a separable arbitration agreement could apply to a dispute…
Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention
…rules to this situation. This allowed the court to avoid discussing the relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal…
How Do You Deal With Data Protection And Cybersecurity Issues In a Procedural Order?
…and (2) cybersecurity measures for the arbitration should be ordered. Does the GDPR apply to an arbitration seated outside the EU? The first question likely to be asked in…
Construction, Construction arbitration, Exclusionary Clauses, India, International Arbitration Procedures, International Commercial Arbitration, SCL-CIArb, UAE, UNIDROIT Principles of International Commercial Contracts
Delay and Damages in Construction Contracts: A Report from the 4th SCL-CIArb-India International Conference on Construction Law & Arbitration
A 3-day International Conference on Construction Law & Arbitration was held in December 2019 in New Delhi, co-hosted by the Society of Construction Law-India and the Chartered Institute of Arbitrators-India….
Challenges To The Appointment Of An Arbitrator: What Is The Effect Of Non-Disclosure?
…International Arbitration and the approach of the Paris courts (Paris being the seat of the arbitration), which is also that an arbitrator comes under a continuing duty to disclose details…
Arab World, Dispute Resolution, International dispute resolution, International Law, Iran, United States
The Dispute Resolution Mechanism that Could Lead to the Snap Back of Iranian Sanctions
…meeting its treaty commitments. A standing body comprised of representatives of the E3/EU+2 (the U.S. withdrew from the treaty on 8 May 2018) and Iran, the Joint Commission meets on…
Kluwer Mediation Blog: December 2019 and January 2020 digest
…investor-state mediation rules, Frauke Nitschke summarises the latest draft of ICSID’s rules for investor-state mediation, which were published in August 2019. Frauke outlines the scope of these rules and their…
Indian Supreme Court Strikes Down Automatic Stay Provisions for Good
…arbitration to effectively delay the settlement of legal rights or access to justice. In essence, the provision not just runs afoul of the objects and purpose of arbitration, but also…
Is Arbitration Contributing to the Revolution? 5th Edition of Casablanca Arbitration Days
…Arbitration and Mediation Centre’ (Article 91). Update of the Moroccan Arbitration Legislation Morocco is currently adopting a new standalone arbitration and mediation act detached from the current code of…
The Judicial Tribunal Confirms DIFC Courts’ Proper Jurisdiction for Challenge of Awards Under the DIFC Arbitration Law and the Role of the DIFC Courts as a Conduit
…Rules of Arbitration of the DIFC-LCIA (the “DIFC-LCIA Rules”) and the DIFC Arbitration Law (the “Arbitration Agreement”). In addition, Clause 10 of the Subcontract provided for the exclusive jurisdiction of…
2019 in Review: India
…to complete the arbitration do not apply to international commercial arbitrations and are only suggestive in nature (S 29A). A State-supported International Arbitration Institution The New Delhi International Arbitration…
Arbitrating with Saudi Governmental Bodies: Modifying the 56-Year-Old Practice
…foreign investors through arbitration shall ensure the arbitration is conducted within the Kingdom in the Saudi Center for Commercial Arbitration or other arbitration centers licensed by the permanent committee referred…
Access to Justice, Applicable Law, Investor-State arbitration, ISDS, ISDS Reform, Rule of Law, Working Group III
Access to Justice in Investment Dispute Settlement
…reason for this is that ISDS provides a form of access to justice and allows for the review of government conduct under international legal standards that cannot be performed with…
Arbitrability, Arbitration, Arbitration Proceedings, Domestic Courts, Non-signatory, Public Policy, Right to be heard
Decisions of the Swiss Federal Supreme Court in 2019 – Part I
…an arbitration clause is treated as having joined the contract and submitted to the arbitration clause if she indicates her will expressly or gives the impression under the principle of…
Arbitration, Arbitration Proceedings, Domestic Courts, Enforcement, Extra petita, Good Faith, Independence and Impartiality
Decisions of the Swiss Federal Supreme Court in 2019 – Part II
…a private body, such as the ICC or the CAS, to appoint an arbitrator – on the basis of the rules of the arbitration institution – does not constitute an…
2019 in Review: International Investment Agreements and Human Rights
…(2) corporate social responsibility (CSR) provisions; (3) general exceptions provisions; (4) provisions preserving regulatory autonomy; and (5) non-lowering of standards provisions. In some instances, explicit reference is not made to…
New Arbitration Rules of the Finland Chamber of Commerce – more expeditious and effective proceedings
…In comparison to the previous Arbitration Rules and the Rules of Expedited Arbitration (hereafter the “2013 Rules”), the Institute will now require an advance on costs in all arbitration proceedings,…