…as “whether the parties are bound by a given arbitration clause,” or “whether an arbitration clause in a concededly binding contract applies to a particular type of controversy.” … On…
…consider include: 1. The subject matter of the arbitration / identify of the parties – Consider whether the subject matter of the arbitration or the identity of the parties mean…
…applicable to the ODR arbitration proceedings shall determine the seat of arbitration. This approach assumes that the seat of arbitration reflects parties’ desire to submit to arbitration under the law…
…active for over 20 years, tackling topics including the enforceability of interim measures, the revision of the UNCITRAL Arbitration Rules, transparency in treaty-based arbitration, and more. Yet as Ms. Montineri…
…arbitration outside Russia. It is evident that litigation outside Russia means litigation in a foreign court. However, it is not entirely clear what is meant by “arbitration outside Russia”. It…
…or international arbitration, except for arbitration in respect of certain investment disputes.3)ADB, “Promotion of International Arbitration Reform for Better Investment Climate in the South Pacific” (November 2016) at [5]; ADB,…
…Arbitration of Employment Disputes in Nigeria? The long title of Nigeria’s Arbitration Act describes the Act as ‘a unified framework for the fair and efficient settlement of commercial disputes by…
…has not stated the specific reasons for its absence from the ICSID Convention, in 2000, the Indian Council for Arbitration recommended to the Indian Ministry of Finance that India refrain…
Virtual hearings are not a new idea. The arbitration community only started to seriously discuss the benefits and the logistics of having virtual hearings in lieu of physical hearings when…
…evolves, users of arbitration will expect fast and efficient results. It doesn’t seem unfathomable for an online arbitration system to be created for dispute resolution, having its own procedural rules…
…International Arbitration Act of Singapore, Article 2(1) of Japanese Arbitration Act, and Article 6 of English Arbitration Act 1996. China’s requirements regarding “subject matter of arbitration” and “selected arbitration commission”…
…ICC International Court of Arbitration, acknowledged in his keynote speech that there is consensus in the arbitration community that corruption “is a scourge upon international business transactions, and needs eradicating”.1)By…
…arbitration agreements seated in England were excluded from the scope of the injunctions ordered. This is a potentially under-recognised practical consideration in approaching arbitration agreements and EJCs. Second, SAS sought…
…counterparty at the time of entering into the arbitration agreement, and have agreed to resolve disputes against this party through arbitration. It is therefore inappropriate for a party to rely…
…court. This logic seems to be flawed because the courts confused the enforceability of the arbitration clause with the enforceability of the arbitration award. An ICC award, corresponding to the…
…the arbitration agreement of the parties and the intention of the drafter of the award,” the Fifth Circuit analyzed the arbitration agreement de novo and found that the tribunal had…
…foreign arbitral awards for three reasons. Firstly, the CPC, conscious of the different legal domains in which arbitration functions, explains that a foreign decree does not include an arbitration award,…
…Arbitration and Mediation (LCAM). The LCAM is a new organisation offering arbitration, expedited arbitration and mediation services. This post will explore selected features of the LCAM’s Arbitration Rules and Expedited…
…to assess the interplay between the Arbitration Act and the NYC. In fact, Article 62 of the Arbitration Act establishes that its international arbitration rules will apply subject to international…
…the adage that arbitration is “pale, male and stale”? The Asian International Arbitration Centre (“AIAC”) launched its inaugural Diversity in Arbitration Week (“DAW”) as part of its ADR Online: An…
…the world, including the amicus curiae submissions of the European Commission in ECT investor-State arbitrations; in arbitration proceedings, including the first ever claim against the EU itself (brought by Nord…
…Party shall strive to minimise in an economically efficient manner harmful Environmental Impacts (…)”. In addition, the provision reaffirms the traditional principles of environmental law; that is, the precautionary principle…
…law principles of compensation to devise an appropriate valuation methodology. For instance, in the Nykomb arbitration, the tribunal stated that the principles of compensation within Article 13 (1) of the…
…of the 2017 Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (“CIETAC”) requiring funding disclosures; and amendments to the 2017 Arbitration Rules of the International Chamber…
