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…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
The Choice of a Mauritian Arbitral Institution
…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…
2019 In Review, Australia, Cambodia, European Union, Free Trade Agreements, Indonesia, Investment protection, Laos, Singapore, Thailand, Vietnam, YSIAC Conference
2019 in Review: Reflections on another year of Arbitration in Southeast Asia
…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…
A New Framework for Arbitration of Corporate Disputes in Poland
…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…
Sports Arbitration in Egypt: The Utterly Baffling Experience
…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…
The South African High Court Erring in the Application of Law: Does a Foreign Arbitral Award ‘Cease to Exist’ When Made a Court Order?
…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…
Latest Changes in Polish Civil Procedure: An Opportunity for Arbitration?
…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…
2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela
2019 in Review: Latin America and Commercial Arbitration
…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…
Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrator's Fees, Public Policy, Set aside an arbitral award, Thai Arbitration Act, Thai Arbitration Institute, Thailand, Thailand Arbitration Center
Thawing the Restrictions on International Arbitration in Thailand
… 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…
Can a robojudge be fair?
…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,…
2019 In Review, Africa, Anti-suit injunction, Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Nigeria, Tanzania
2019 in Review: Sub-Saharan Africa
…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…
The Contents of b-Arbitra, Issue 2019-2
…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…
Arbitration, Arbitration institution, International arbitration, Madrid International Arbitration Center, Spain
The Madrid International Arbitration Centre Takes off Powered by the Unification of Spain’s Largest Arbitral Institutions
…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…
Navigating Arbitration in the UAE with Dr. Gordon Blanke
…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…
Rethinking Counsel Ethics in International Arbitration
…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…
Achmea, Arbitration Awards, Foreign Investment Law, ICSID Convention, International Humanitarian Law, International Investment Arbitration, International Law, International Law Weekend, Investor-State arbitration, ISDS, ISDS Reform
The Collisions of Law and of Fora: Focus on International Dispute Resolution at the 98th Annual International Law Weekend
…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…
Mixing Righteous and Sinners: Summary of the Odebrecht Corruption Scandal and the Peruvian Jailed Arbitrators
…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….
Investors’ Views on the ISDS Reform: QMUL Investment Arbitration Survey
…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…
Interim measures, Investment Arbitration, Investment Treaties, Investor, Investor-State arbitration, Provisional measures
Why State Requests for Provisional Measures Fail in Investor-State Disputes?
…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…
National Courts, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties
Celebrating 50 Years of the VCLT: Judges Do Well to Remember the VCLT as the Treaty on Treaties: Treaty Compliance and Interpretation By National Judges is Not a Box of Chocolates
…(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…
Achmea, Energy Charter Treaty, European Law, Intra-EU BITs, Intra-EU ISDS, Investment Arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties
Celebrating 50 Years of the VCLT: Interpretation of Investment Treaties: VCLT At Play In The Vattenfall Award on Jurisdiction
…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…
International Investment Arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, Investment Treaties, ISDS, ISDS Reform, Transparency, Treaty, Treaty Interpretation, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties
Celebrating 50 Years of the VCLT: ‘Supplementary Means’ of Interpretation in Investor-State Arbitrations
…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…
International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties
Celebrating 50 Years of the VCLT: Investment Arbitration’s Resurrection of the Principle of Contemporaneity as a Trojan Horse for Subjective Treaty Interpretation
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, Investment, Investment agreements, Investment Arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties
Celebrating 50 Years of the VCLT: Misapplying the General Rule of Treaty Interpretation – The Salini Test
…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…