New Year’s Quiz Answers, Winner…
…counsel retained by the parties”. The Prague Rules on the Efficient Conduct of Arbitration, which draw heavily from certain domestic practices of civil-law jurisdictions, expressly incorporate iura novit at Article…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Dawn of a New Era for Arbitration in Pakistan? Highlights from the Inaugural Conference of CIICA’s Young Arbitration Group
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)….
Change of Clean Energy Rules in Mexico: Potential Impact for Investors
…Clean Energy Certificates (the “New Guidelines“). Under the New Guidelines, the state-owned Legacy Power Plants can now acquire CELs –without the previous condition of making an investment to increase their…
Investment Arbitrations Ready to Land at Florence Airport?
…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…
The Contents of the Asian International Arbitration Journal, Volume 15, Issue 2
…the use of arbitration within Australia’s wider legal framework for dispute resolution. This article considers some of the highlights from the 2018 to 2019 financial year case law involving arbitration….
2019 In Review: A View From the United Arab Emirates
…Code (Federal Law No.11 of 1992) applicable to arbitration, and any other provisions contrary to the Federal Arbitration Law. During 2019, our authors focused on the developments that have arisen…
The Contents of the ASA Bulletin, Volume 37, Issue 4 (December 2019)
…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…
2019 in Review: Investment Arbitration in Europe
…in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on Proposals for the ICSID Arbitration Rules Amendments in late…
Arbitration Agreement, Arbitration Agreements, IBA Guidelines on Conflicts of Interest, Party appointed arbitrator, selection of arbitrators, UNCITRAL Model Law
Appointment of Sole Arbitrator: Can a Modified Asymmetrical Arbitration Clause Avoid Court Appointment?
…only comes into play once the arbitral tribunal has been formed and concerns only the manner in which the tribunal is expected to conduct the arbitral proceedings. Asymmetrical arbitration clauses…
Intra-EU Investment Reform: What Options for the Energy Charter Treaty?
…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…
Oded Besserglik v Mozambique: The BIT Was Not In Force, Who’s To Blame?
…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,…
The Coming of Age of Institutional Arbitration Rules in Iran: An Analytic Overview of the ACIC Rules
…formation of the ACIC (the “ACIC Rules”), the ACIC launched its own arbitration rules designed for cost and regulations on organization. The ACIC Rules now consist of Rules of Arbitration,…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court
Interviews with Our Editors: The Energy Charter Treaty: Discussing Modernisation and Challenges with Dr. Alejandro Carballo, General Counsel, Energy Charter Treaty Secretariat
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)…
Extension of Arbitration Agreements to Non-Signatories in Switzerland: The Supreme Court Sticks to Her Guns
…here) could also apply in relation to Article II of the New York Convention (“NYC”). In this case, the underlying dispute concerned a distribution agreement between a Slovenian company, as…
2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership
2019 in Review: Australia, New Zealand and the Pacific
…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…
Applications for Extension of Time for Passing the Award in India: Which Court to Entertain?
…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…
The New Year Arbitration Quiz: 2020
…South Africa 10. Which arbitration institution was established first? a. The Finnish Arbitration Institute (FAA) b. The Singapore International Arbitration Centre (SIAC) c. The Vienna International Arbitration Centre…
International arbitration, Investment Arbitration, Renewable energy, Royal-decree law, Settlement, Spain
Royal Decree-Law 17/2019: An Opportunity for Spain to Leave Behind the Renewable Energy Arbitrations?
…continuously against the country.1)See Clifford J. Hendel & María Antonia Pérez, ‘The Past, Present and Possible Future of the Spanish Renewable Energy Arbitration Saga,’ New York State Bar Association, International…
2019 in Review: Legislative and Case Law Developments in Europe
…International Arbitration Regime and into a Domestic One Made Somewhat Less Formalistic While Switzerland has two separate arbitration regimes with two separate legal instruments governing international and domestic arbitrations, it…
Arbitration institution, Investment Arbitration, Investor-State arbitration, Third party funding, Treaty
Investment Dispute Settlement Body of the Organisation of Islamic Cooperation: A Dead End for Claims under the OIC Investment Agreement?
…30 Journal of International Arbitration 637, 639. the first known OIC investment arbitration was initiated only in 2011 by the Saudi businessman Hesham Al-Warraq against Indonesia (“Al-Warraq”). Amusingly enough, Dr….
Workshop on the Investor State Dispute Settlement Reform
…of conduct should ensure certain rules of behavior. On the other hand, the basic guarantees for judges must be met, as for example immunity and rules to exclude any kind…
The Problem with Emergency Arbitration: Al Raha Group v. PKL Services
…courts—and cannot for the time being rely upon institutional rules to achieve similar objectives. Ultimately, part of this problem may be solved by carefully drafting emergency arbitration provisions to allow…
Roll Out the Red Carpet: The Hague Rules on Business and Human Rights Arbitration are Finally Here!
…in their supply chains and development projects.” “What” … about the rules The Rules are based on the UNCITRAL Arbitration Rules. The Rules are also accompanied by elaborate commentary….
From the Editors of Kluwer Arbitration Blog: 2019
…kick-off of its modernization process. In commercial arbitration, notable developments took place around the world, with the enactment of new arbitration laws and interesting court-related cases currently pending, such as…