…subject themselves to arbitration, and in the fact that party autonomy prevails over most arbitration rules, provided that the essential principles of due process are respected. AI and Decision-Making…
…provided to aid a private international arbitration tribunal. During 2019, a New York federal district court judge allowed such discovery in aid of an LCIA arbitration, another New York federal…
…Arbitration (‘Prague Rules’). This article strives to elucidate the mechanics of the Prague Rules. An understanding of these new provisions, however, cannot be achieved in a vacuum; as such, much…
Introduction The Society of Construction Law India and the Chartered Institute of Arbitrators India Branch together held an International Conference on Construction Law and Arbitration in New Delhi, India in…
…of its institutional rules (Rules on Organization and Work of the Arbitration Court – hereinafter ‘Rules’) without any significant elaboration. None of the above provisions envisage further conditions as to…
…the parties to arbitration is considered by most arbitration laws as the cornerstone of arbitration, on which rests the legitimacy of the arbitrator’s power to decide on the matter and…
Recently, the Center for International Investment & Commercial Arbitration inaugurated its Young Arbitration Group in Pakistan in a conference which attracted foreign panelists who efficaciously explained the theory and practice…
…to arbitration could not have legal effect with regard to third parties to whom it was not addressed. Secondly, pursuant to both the Hungarian arbitration legislation and the New York…
…Appellants sought to stay the arbitration proceedings, on the grounds that they had never consented to arbitration. Based on the competence-competence principle, the Court of First Instance refused to stay…
…not proceeding with the arbitration, unless the arbitration agreement did not incorporate any arbitration rules. Default provisions under the Arbitration Act 2005 should have applied It was argued by…
…International Arbitration Centre. Similarly the Tashkent International Arbitration Centre in Uzbekistan, which was established in November 2018, began administering disputes. In Kyrgyzstan, the government proposed institutionalizing arbitration as a mechanism…
…and the entry into force of the Hungarian Arbitration Act2)Hungarian Act LXXI of 1994 on Arbitration. (‘Arbitration Act’) two months later, on 13 December 1994, were two major symbolic steps…
How is the content of laws determined, and by whom, in international commercial arbitration? This topic mainly concerns an old legal assumption: iura novit curia, the Latin legal maxim for…
…the launch of a new arbitral institution. Panel discussions The panel topics at the Arbitration Day were as follows: “Arbitration as an Effective Mode of Resolving Commercial Disputes“, with…
…governed by Articles 2 and 3 of the Arbitration Law of the People’s Republic of China (“Arbitration Law”). Article 2 states that “equal subjects of law” may arbitrate “contractual disputes…
On 1 March 2019 the Milan Chamber of Arbitration issued its amended Arbitration Rules (the “2019 Rules’”) with the aim of improving “the efficiency and the rapidity of arbitral proceedings…
…new amendments to the rules of the Egyptian Sports Arbitration Center. Nonetheless, on 24 December 2019, the Egyptian Court of Cassation decided to refer relevant provisions of the Rules of…
…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….
…proceeding according to the ICSID Arbitration Additional Facility Rules,” the dispute shall be submitted to an ad-hoc proceeding under the UNCITRAL Rules. Based on these provisions, Venezuela submitted a ratione…
…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…
…on the motives of both the government and its legal representatives in making various submissions. Possible Superior Role Some posit that ISDS decisions generate the best statement of what…
…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…
…specific treaty and the UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration is received by the respondent and, second, at the date…
…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…
