…the latest precedents issued by the judicial authorities on the matter reveal a pro-arbitration tendency, which is undoubtedly a promising sign for the arbitration scene in Central America and Mexico….
…NYC, an arbitration agreement must be in writing, either in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams (or…
…foreign-seated arbitration. The incorporation of litigation/arbitration in London was therefore invalid. After concluding that the arbitration agreement was invalid, the Court then looked at the Provisions of the Supreme People’s…
…ICC recently released updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration, effective 1 January 2019 in which it…
…parties to domestic arbitration proceedings may prefer to have more limited grounds available to set aside an arbitral award and have thus an interest to apply the arbitration rules as…
…and as such each qualifies as a seat of arbitration in its own right. The ADGM more specifically has adopted the 2015 ADGM Arbitration Regulations (the “ADGM Arbitration Regulations”), which…
…Nigerian rules to restrict parties in selecting their preferred representatives in arbitration proceedings, among other reasons, partly accounts for its poor “formal legal structure” and “national arbitration law.” These are…
…blockchain arbitration can be facilitated through the Indian Act. Validity of the Arbitration Agreement in Domestic Awards One problem identified with the enforceability of blockchain arbitration awards is the…
On 19 July 2019, Beijing Arbitration Commission a.k.a. Beijing International Arbitration Center (the “BAC/BIAC”) released its amended Arbitration Rules (the “Rules”) and Fee Schedule (the “Fee Schedule”), both of which…
…party’s revocation of consent to arbitration. This post discusses each of these changes in turn. Relaxing Arbitration Agreement Requirements Before the changes, in order to be enforceable, arbitration agreements…
…constitutes a definitive ruling that investor-state arbitration provisions in intra-EU cases are incompatible with EU law. Therefore, such provisions cannot afford a basis for jurisdiction where an EU member state…
…widely recognised principle of automatic transfer of the arbitration agreement and held that the assignment of contractual receivables does not transfer the rights under the arbitration clause contained in the…
…so far with expedite arbitration under the new arbitration rules at TRAC? TRAC Rules 2018 are based on the 2010 UNCITRAL Arbitration Rules , with some modifications to make them…
…rights therein. To ipso facto declare them non-arbitrable would upset the purpose of the Arbitration Act, impair the efficacy of commercial arbitration and disregard party autonomy. Thus, the inflexible stance…
…governing domestic arbitration. Arbitration Rules United States: The FAA provides some foundational rules for arbitration proceedings such as requiring that arbitration agreements be in writing, but leaves much of…
Introduction Party autonomy is the underlining principle of arbitration. The courts ought to have it in mind whenever they are called upon to intervene in matters related to arbitration. The…
…have a huge impact on arbitration and that is already being pursued by some in the arbitration community: digital case management systems. What could a digital case management system look…
…discretion. Under the trilateral agreement, Article 17 provides that Japan can commence arbitration under the UNCITRAL Arbitration Rules after a mandatory consultation period of six months beginning with a written…
…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…
…arbitration. Although the Prague Rules may have been drafted with a view to making commercial arbitration more efficient, there is in principle nothing that would prevent the Prague Rules from…
…that new provisions will resolve all controversial issues related to expropriation, leaving arbitrators and academics the task of interpreting them. Decisions of other tribunals can serve a helpful role. In…
…the separability presumption, the courts and the tribunals insulate the arbitration agreements from attacks on the underlying contract and uphold arbitration. However, the separability presumption sometimes backfires; particularly if one…
…Rules of Arbitration of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI Arbitration Court” and “2011 HCCI Rules of Arbitration”) provided that, following the…
…included international arbitration provisions. AMT failed to deliver pig iron to both Daewoo and TKM. In December 2012, Daewoo filed an action in the United States District Court for the…
