…include a commitment to accord at all times to Investments of Investors of other Contracting Parties fair and equitable treatment.” (emphasis added) It soon became apparent through arbitration that scholars…
On 1 July 2020, the Arbitration Foundation of Southern Africa (“AFSA”), a leading arbitral institution in South Africa, launched its new draft International Arbitration Rules for public comment. The International…
…of arbitral tribunals with respect to DoB. In other words, the proposed new treaty text is aimed at reflecting arbitration practice. This is not an unusual approach, but a natural…
Modernisation of any multilateral treaty is a category of tasks on its own. There are several prerequisites which shall be in place, apart from obsolete language and provisions. The most…
…to accelerate the pace of improvement of the process; to push new streamlined measures not only to quicken the arbitration timeline from filing to award, but also make arbitration such…
…Reform of Investor-State Dispute Settlement The modernisation process also encompasses possible reforms to ECT investor-State arbitration. The States parties have indicated their intent to integrate such reforms with other ongoing…
…for the arbitration. Nobumichi TERAMURA, Ex Aequo et Bono and Arbitration Theories: an Arbitrator’s Subjective Perspective of Fairness as the Final ‘Gap-Filler’ Nobumichi TERAMURA submits the alleged uncertainty arising from…
…action, which is an exceptional mechanism for reviewing final awards on the limited grounds mentioned in the Egyptian Arbitration Law No. 27 for 1994 (the “Arbitration Law”).1)The Arbitration Law entered…
…be largely attributed to the procedural flexibility of international arbitration, and to the accessibility and effectiveness of relevant technology. Permissibility Most of the national arbitration laws found in modern…
…three subparagraphs with policy objectives are enlisted, containing ‘necessary’ as a nexus. with the substantive obligations. NDPS in investor-state arbitration NDPSs are generally understood as an aid for tribunals…
Previous posts have already covered various aspects of data protection in international arbitration proceedings and also in view of cybersecurity. Meanwhile, new and crucial data protection aspects have arisen with…
For awards issued in cases administered by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center, parties can enforce them in the Chinese mainland and Hong…
…arbitration community united in its efforts to provide users with nearly-uninterrupted effective dispute resolution services. The SCC offers its platform free of charge for ad hoc arbitrations; Arbitration Place launched…
…Transporte Dole, later becoming its sole shareholder. In 2012, they started arbitration alleging that, in 2010, Venezuela had expropriated their investments in Alimentos Frisa and Transporte Dole. Venezuela objected to…
…or will future webinar content start to disappear behind members-only paywalls? Arbitration institutions and organisations need to fund their activities. The Australian Centre for International Arbitration (ACICA) has reduced registration…
…format. Key Note Address “Quo Vadis International Construction Arbitration“ The key note address “Quo Vadis International Construction Arbitration” which was delivered by Professor Doug Jones, focused not only on…
On 10 July 2020, a panel of arbitration practitioners discussed the topic of “Recent Developments and Key Arbitration Trends in Asia” as part of the 2020 Paris Arbitration Week. The…
…by the CCIR-CICA. In Hungary, Article 59(1) of the 2017 Arbitration Act provides that “[a]s institutional Arbitration Court in Hungary, the Commercial Arbitration Court or the panel of arbitration formed…
The 4th ICC European Conference on International Arbitration took place on Tuesday 7 July 2020, during the second day of the Paris Arbitration Week. This first-ever digital edition saw record…
…reach an agreement, the seat of online arbitration is considered to be the location of the CIETAC. Russian Arbitration Association (RAA) Online Arbitration Rules provide the seat of arbitration to…
…IGPA Rules, which designate the Arbitration Act 1996 as the applicable law and England as the seat of arbitration. The Arbitration Act 1996 allows for appeal of award on questions…
…that prior post is that, in part, the Supreme Court based its decision on that the arbitration law applicable to the arbitration agreement was the Ontario’s domestic arbitration law, rather…
…following parameters: The text The Eiser Parties’ assertion that the provision only applies to procedural deficiencies regarding the constitution of the Tribunal at the outset of the arbitration was rejected….
…due to a restriction on exports under a quota system. Alimenta treated this as a default and initiated arbitration proceedings before FOSFA, London. FOSFA passed an award in 1989 directing…
