UNCITRAL Working Group II: An Introduction and Update
…prepared draft provisions on expedited arbitration both as an appendix to the UNCITRAL Arbitration Rules (“UAR”) and as a stand-alone set of rules. Without taking a final decision, the WG…
…prepared draft provisions on expedited arbitration both as an appendix to the UNCITRAL Arbitration Rules (“UAR”) and as a stand-alone set of rules. Without taking a final decision, the WG…
…of arbitration in France and Ghana. One of the latter decisions is of particular interest, not least because it shows a continuous rift on international arbitration law in the courts…
…institutions to take an innovative approach to arbitration through their rules. The successful operation of the SHIAC’s FTZ Arbitration Rules is a good testimony to this. Those rules provide for…
The Summer 2020 Kluwer Arbitration Quiz was met with a very enthusiastic response: 271 submissions from around the world! The quiz focused on how the conduct of arbitrations may differ,…
…ICSID arbitration UP and C.D. Holding Internationale v Hungary or the ECT arbitration in Vattenfall v Germany (see e.g. here). More recently in June 2020, the ICSID tribunal in Addiko…
…recommended that a limited scope to apply Article 21.1(c) in conjunction with the Article 21.1(b)(iii) sovereignty criterion. However, it stressed that such a limitation would not apply in this case…
…including cross-examination (for instance in the so-called Prague Rules or Rules on the Efficient Conduct of Proceedings in International Arbitration), excluding them altogether seems too far-reaching in most cases. In…
…(v) nothing in the arbitrator’s conduct during the arbitration was substantial as to raise doubts regarding his impartiality. In doing so, the court upheld the first instance decision that had…
…agreed that the seat of arbitration would be Paris but did not mention any governing law for the arbitration agreement. In March 2015, Kabab-Ji filed a request for arbitration against…
…legal provision. The Egyptian Arbitration Law (EAL) No. 27/1994 governs the arbitration process in Egypt. The legal provisions therein create obligations of sharing personal data and other related information for…
The intersection of arbitration and insolvency, ever since the onset of the pandemic, is becoming a topical area of focus. The Centre for International Legal Studies (an Austria based non-profit…
Arbitration has been the default dispute resolution mechanism in the investor-state dispute settlement (ISDS) regime for a long time. Provisions for third-party procedures other than arbitration have been relatively rare…
…illustrious names in the arbitration sphere. Arguing for the motion were: Mr Gary Born, President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr…
…Singapore, Mr Sundaresh Menon, delivered the keynote address on “Arbitration’s Blade: International Arbitration and the Rule of Law”. The plenary session on “International Arbitration: the Challenges and Changing Landscapes” followed…
…of the Court of Arbitration of the Singapore International Arbitration Centre (“SIAC”). Thank you Ariel for joining us today. When (and why) did you become interested in arbitration? I…
…arbitration regardless of whether there is a provision in the applicable law.1)See Berger, General Principles of Law in International Commercial Arbitration: How to Find Them – How to Apply Them,…
…treaty claims Brexit will significantly affect the UK’s legal environment and UK-registered companies’ ability to conduct business within the EU. Bart Wasiak of Arnold & Porter addressed the prospect of…
…an application under section 27 of the LCIA Rules 1998 (“the Rules”) seeking clarification from the Tribunal as regards to what was meant by “ICRA OC”. The LCIA’s position was…
…in the LCIA Rules 2014, and it left some ends open. However, the amendment brought by the LCIA Rules 2020 attempts to tie those loose ends by clearing the air…
…of international arbitration. The sociology of arbitration is fascinating. It is truly exciting. I like how all three of you point to the challenging nature of arbitration practice as a…
…forums provided in the relevant IIA (e.g. inter-state arbitration and panel proceedings). In both state-state and investor-state disputes, several major legal issues arise concerning the consistency of the screening measure…
…to apply their own rules of procedure, pursuant to Article III of the New York Convention. However, the application of some of these procedural rules may lead to the award…
…interpretation under institutional rules and legislative acts (so-called “slip rules” such as Article 35 of the 2012 ICC Rules and Article 57 Arbitration Act), the latter is impermissible according to…
…been to the arbitration hearing, not the arbitration process as a whole. In recent years, most arbitrations have been conducted online, with email being the main means of communication, with…