…In Simple Questions You Might Ask Yourself More Often, Greg Bond draws on his recent experience of doing mediation training in Tbilisi, Georgia, at New Vision University. The focus of…
…justification: the provision of an arbitration agreement granting the claimant the right to choose between arbitration or court is not disproportionate as an arbitration agreement does not designate a specific…
…effects between Israel and Colombia. None of its provisions can be interpreted in the sense of defining the sovereign territory of Israel or Colombia or creating obligations for Palestine. As…
…arbitrations. Why Use EA Procedures? The ICC EA Procedures were introduced in 2012 by Article 29 of the Rules of Arbitration of the ICC (“ICC Rules”), with detailed procedures…
…to the New York Convention or having obsolete arbitration laws can only militate against the perception of being an attractive venue for arbitration/ an investment-friendly climate. Highly trained arbitrators and…
…arbitration on its head. In-depth analysis and commentary were previously featured on the Kluwer Arbitration Blog as well. Following the decision of the CJEU and the clarifications of the EU…
…in violation of public policy – grounds for denial of recognition under Art. V.2.b of the New York Convention, reproduced in Art. 39, II, of the Brazilian Arbitration Act. In…
…Leap Forward? This article analyzes the new Federal Law No. 6 of 2018 (the ‘New Arbitration Law’) of the UAE which took effect on 16 June 2018. The New Arbitration…
…among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules, the mediation experience is created…
…arbitration clauses. While this approach is consistent with modern contractual interpretation, it may deter parties from selecting Australian law to govern arbitration agreements. This post considers the significance of the…
…of the CIAMA Rules). Transparency and Publication of Awards CIAMA has integrated into its rules the growing concern for transparency regarding the conduct of arbitration proceedings. The anonymous publication…
…wrote in a 2015 Kluwer Arbitration Blog post, The Evolution of Arbitration in the Arab World, the uprisings of the Arab Spring and the political changes resulting therefrom were expected…
…International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the…
…had submitted the request for arbitration to the Korean Commercial Arbitration Board and the arbitration was not in China, it lacked legal basis for accepting the application for property preservation….
…It should be noted that HKIAC is currently not among the first group of arbitration intuitions. If HKIAC is listed in the arbitration institution under the Provisions on Establishment of…
…progressive provisions imposing upon investors upfront compliance with a set of environmental, labor and human rights, and having the immense merit of clarity and security. These provisions depart from the…
…Ponce, posited that politicians interfere with arbitration. However, Marchan emphasized, economic development most probably depends on access to arbitration given that new investments are of a contractual nature. Jonathan Hamilton…
…arbitration. Taking SHIAC arbitration rules as an example, in SHIAC’s 2014 version of Free Trade Zone Arbitration Rules, SHIAC was the first Chinese arbitration institution to provide for “mediation before…
…Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were drafted and published in December 2018 (for related posts on the Prague Rules on Kluwer Arbitration Blog click here, here,…
…on how to adjudicate changed circumstances in international arbitration. Keynote speakers and panelists engaged in lively debates on how domestic and international legal principles on changed circumstances have evolved in…
Corruption in the context of international arbitration is at the forefront of current discussion and analysis. At the same time, innovative efforts to obtain evidence in the U.S. through 28…
…actual rules and including certain matters that are not currently in the Rules, such as provisions for emergency arbitrators, consolidation and expedited rules. We are also working on promoting other…
…during arbitration. But: IP disputes and arbitration – how do these fit together? When talking about IP arbitration, two main issues must be considered: Is an arbitration clause in place?…
…are more keen to recognize arbitration agreements and take a more “supportive” approach to arbitration. Kluwer Arbitration Blog invited Dr Emilia Onyema, senior lecturer at SOAS in the UK, pioneer…
