…the wider international arbitration community. 1. Developments in Investment Arbitration: Framework and Experience This past decade has been important for regional developments in investment arbitration. Not only have Arab…
…disputes. In this vein, Macau published a new arbitration law, Law no. 19/2019 (the “New Arbitration Law”) on 5 November 2019, which will come into force on 4 May 2020….
…Enrique and Jorge Heemsen against Venezuela, not only because of lack of jurisdiction ratione voluntatis, since Venezuela did not consent the arbitration to be settled by an UNCITRAL tribunal, but…
…the seat, being Singapore law, because: (i) the arbitration agreement, in providing for “arbitration in Shanghai”, should naturally be read to be a choice of Shanghai as the seat (and…
…After all, justified reliance on precedent can further the goals of arbitration, such as fostering judicial economy. Additionally, it is useful when arbitrators tout approval for the rationale behind a…
…Monteiro reports the highlights of the IV International CBMA Arbitration Congress; Bruno Guandalini comments the XVIII International Arbitration Congress of Brazilian Arbitration Committee, which took place from August 22 to…
…arguably a good year for investment arbitration in Latin America. The Perenco-Ecuador arbitration seems to be finally coming to an end, and Chile continues to move forward with the modernization…
…in international investment law rule-making and about future trends in investment treaty arbitration. BITs Between African States and New Southern Partners: The Emerging Landscape A review of the BITs…
…long been a criticism of Italy’s arbitration law. Employment arbitration not allowed in? c – Saudi Arabia. The use of arbitration to resolve employment disputes is very likely an…
On 15 and 16 November 2019, the Centre for International Investment and Commercial Arbitration (CIICA), organised a conference in Islamabad, Pakistan celebrating the inauguration of its Young Arbitration Group (YAG)….
…of the merits, it is uncertain what the outcome and duration of the Amparos would be. Foreign investors have other mechanisms of negotiation and Investor-State arbitration under the various Bilateral…
…passenger flow and corollary revenue – may “prepare the ground” for an investment arbitration dispute between Argentinian and Emirati investors and Italy. Background In 2009, the then Mayor of…
…undue exercise of authority by arbitrators, arbitration lawyers have not extensively investigated whether their negative understanding of ex aequo et bono can still be maintained in the current arbitration environment…
…of arbitration in the UAE is the variety of arbitral fora it offers. While onshore UAE arbitration recently experienced significant developments through the Federal Arbitration Law, offshore arbitral fora remain…
…settled’: A pathological yet curable agreement to arbitrate? This article focuses on the interpretation and legal consequences of pathological arbitration clauses providing for arbitration “if any”, “if required” or “to…
…investment treaty arbitration tribunals, 2019 comes as a sequence and furtherance to developments that were in process in the course of the previous year. The tense relationship between EU law…
An asymmetrical arbitration clause is one where only one party can choose the method of resolving disputes between the parties. A slightly varied form of such a clause is usually…
…on intra-EU investor-state arbitration under the Energy Charter Treaty (ECT) remains disputed. Twenty-two Member States declared that intra-EU arbitration under the ECT was equally incompatible with primary EU law and…
…Arbitration (Additional Facility) Rules (“Arbitration Rules”)? Did Mozambique waive its right to raise such a jurisdictional objection, in accordance with the Articles 33 and 34 Arbitration Rules? Despite such delay,…
…Arbitration Center of Iran Chamber of Commerce. He has been member of ICC Court of Arbitration since 2006-mid 2017. He is currently a member of the Permanent Court of Arbitration….
Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT)…
…to be bound by this agreement including its arbitration clause. As to the argument raised by the Slovenian company that BSSA could not be bound by the written arbitration clause…
…months. It focuses on several domestic arbitration law reform efforts and on important developments in respect of investor-State arbitration. Domestic Arbitration: Legal Developments and Reforms 2019 saw some important…
…jurisdiction. (b) In the case of an arbitration other than an international commercial arbitration, the principal Civil Court of original jurisdiction in a district and includes the High Court in…
