…the ICC Rules 1998 unlawful under French Law. The Court reasoned that Article 34 by excluding liability “for any act or omission in connection with the arbitration”, would contradict the…
…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…
…some thoughts relating to the status of pre-investment expenditures’, in Todd Weiler (ed.) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law…
…for change in the world of commercial arbitration, seeking an assessment based on outcomes and increased relevance for the ultimate commercial users that arbitration is meant to serve. Examples of…
…Development dealing with an application under ss. 67 and 68(2)(b) of the English Arbitration Act 1996 (the “Arbitration Act”) for the setting aside an Addendum issued by an ICC tribunal…
…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…
…and “national arbitration law”. The latter is particularly relevant here because a national arbitration law serves as the primary framework and bedrock upon which an arbitration takes place. Familiarity of…
…for international arbitration. It is noteworthy that these features are in tandem with what is expected of an international arbitration centre. East African centres (Kigali International Arbitration Centre, Nairobi Centre…
As the global pandemic has constrained in-person gatherings, many arbitration practitioners will have foregone most of their summer travel. Fortunately, for this summer’s holiday (quiz), we can all take a…
…trust arbitration Article 178 PILA provides that arbitration agreements are valid if made in writing or in any other form that allows the arbitration agreement to be evidenced by a…
…titled “Not a Manel: Pursuing Excellence in Dispute Resolution!” in association with ArbitralWomen, Equal Representation in Arbitration Pledge, She Breaks the Law, Her Forum and Kluwer Arbitration Blog. This blog…
…investor-State arbitration. Commentators in favor of the Agreement in Principle’s method of freely choosing an arbitrator have criticized party appointed arbitrators in international arbitration as having an unconscious bias towards…
…arbitration. A significant impact of the pandemic on enforcement proceedings are the likely delays. For example, arbitration proceedings that were nearing closure may be left open indefinitely, especially where formalities…
…the parties’ drafting and/or choice of the arbitration rules, and the arbitration law of the seat. As a counterbalance to the parties’ expectations stands the restrictiveness in defining procedural errors…
…are estimated to concern corporate disputes brought under arbitration clauses contained in AoA.1)See Duve/Wimalasena, Arbitration of Corporate Law Disputes in Germany, in: Nacimiento/Kroell (eds.), Arbitration in Germany, 2nd ed. 2015,…
…commissioned its own consultants, and ended up applying lower tariffs than those under EEGSA’s engineering firm’s report. TECO filed a Request for Arbitration in 20 October 2010 to recover historical…
…legitimacy of arbitration, while contributing to achieve greater efficiency in the arbitration proceedings. The “Transparency Lighthouse” of the Arbitration Center of the Lima Chamber of Commerce In 2019, the…
International arbitration is on the rise in South Africa. This is partly a result of the country’s new arbitration law, which was passed in 2017, but now the process has…
…efficient outcome. Changes reflecting the impact of the global pandemic on international arbitration The LCIA Rules were the first major international arbitration rules to be updated after the start…
Over the past decade, many arbitrators and international arbitration practitioners have seen a consistent increase in parties’ interest in bringing dispositive motions within the context of the arbitration proceedings. Some…
…Arbitration (ICCA) Reports Series. Established in 2019, the Task Force brings together 17 leading international arbitration institutions, law firms and gender diversity initiatives to publish and analyze recent statistics on…
…jurisdiction, and/or (2) itself issue interim measures over an arbitration commenced in a foreign jurisdiction. In Hong Kong, where the arbitration law has largely adopted the UNCITRAL Model Law, both…
…state aid and warns that arbitration practitioners should not ignore their implications. The weight attached by the Court of Justice of the EU and the European Commission to state aid…
…(the “Report”). Prepared by the China Arbitration Institute of China University of Political Science and Law (中国政法大学仲裁研究院), the Report covers 18 months of decisions involving “judicial review” of arbitration cases…
