How to Fund Construction Disputes – Relying on Third-Party Funding?
…a separate entity becoming involved in a legal dispute by providing financing of all or a part of the legal costs to one of the parties, in return for an…
…a separate entity becoming involved in a legal dispute by providing financing of all or a part of the legal costs to one of the parties, in return for an…
…International Arbitration (“LCIA”) in July 2018. Like many other arbitral centres that have emerged across Africa,1)G. Travaini, ‘Arbitration Centres in Africa: Too Many Cooks?’, Kluwer Arbitration Blog, 1 October 2019…
…also analysed the effectiveness of the IA-CEPA’s Chapter 14 provisions both in protecting investors and in addressing Australia and Indonesia’s concerns on the ISDS regime. Aside from new free trade…
…be taken in parallel proceedings in arbitration and in the common courts. For instance, a shareholder would be bound by an arbitration clause and challenge a resolution in arbitration, while…
…do not apply to sports arbitration awards as the latter follow a special regime for annulment as provided for under the new amendments to the rules of the Egyptian Sports…
…African International Arbitration Act, under Article I of the New York Convention were: Steyn (a Namibian national) and the Government of Tanzania were parties to an arbitration relating to a…
…of the arbitration agreement). A Chance for Arbitration? We consider that the combined effects of those amendments opens new opportunities for the growth of arbitration in Poland. This is…
…Brazil through ‘class arbitration.’ This is certainly a new source of disputes in Brazil where arbitration could be an attractive option for parties involved in these major disputes. This blog…
… Amendments to the Thai Arbitration Act – Arbitrators and Representatives Allowed to Work in Thailand Previously, foreign arbitrators were required to undergo an onerous process to obtain a work…
…approach, the need for new governance will be less pressing. Apart from AI-related aspects of online arbitration, there are other important issues to resolve when designing an online arbitration platform,…
…Imoukhuede v Mekwunye & 2 ORS. (2015) 1CLRN 30. In a less commendable note for liberal arbitration enthusiasts, one author raised the concern that the Nigerian Arbitration Rules could be…
…fashionable nowadays to convey a negative image of arbitration, perceived as a justice for the privileged. An extensive application of statutory provisions restricting the right to resort to arbitration (such…
…a fully-fledged arbitration system was set up virtually from scratch. In 1977 Spain ratified the New York Convention without reservation, thus entering the international arbitration legal order. The ICSID Convention…
…DIFC hosts the DIFC-LCIA, the sister organization of the London Court of International Arbitration (“LCIA”). The DIFC-LCIA Rules are identical to the LCIA Rules bar the default seat being the…
…General Guidelines for the Parties’ Legal Representatives that are annexed to the 2014 LCIA Rules (discussed here and here). In between is the hybrid approach of uniform ethical codes that…
…friction will remain an important point of debate for the foreseeable future. A. What fora should resolve apparent tensions between legal principles? When legal principles are in tension, a…
…Rules of Arbitration, at Art. 38; London Chamber of Commerce Arbitration Rules, at Art. 2 of Appendix III; American Arbitration Association Commercial Arbitration Rules and Mediation Procedures, Administrative Fee Schedules….
…Arbitration survey conducted by the School of International Arbitration at Queen Mary University of London. A link to the survey can be found here. The survey comes at a critical…
…on provisional measures. The majority of public decisions in investor-state disputes were rendered under the ICSID Arbitration Rules, UNCITRAL Arbitration Rules and ICSID Additional Facility rules. Although arbitration rules have…
…(M. Paulsson, ‘The 1959 New York Convention in Action’, (Kluwer 2016), pp. 120-121.) Today, proponents for a Multilateral Investment Court view that the New York Convention will apply. Is this…
…fundamental guidance, as the VCLT regulates cornerstone issues such conclusion, validity, termination and, very importantly, interpretation. Rules of interpretation as per the VCLT have lately become a point of focus…
…of investment treaties and investment treaty arbitration, this practice has broader implications. Through transparency efforts, a growing volume of negotiating materials are now publicly available. The impacts of such materials…
The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of…
…ICSID arbitration to disputes arising out of investments that contribute to the economic development of the host State. The decisions of the ICSID tribunals that followed the Salini test show…