…a primary shareholder to a Ukrainian oil company, along with Ukraine and Tatarstan (a republic of the Russian Federation). When the Ukrainian courts invalidated Tatneft’s shares, Tatneft sought arbitration against…
…award (but not a procedural order) under the English Arbitration Act (the Act) on grounds set out in s.67 (substantive jurisdiction), s.68 (serious irregularity), and s.69 (appeal on a point…
…employ the Doctrine to bind non-signatories to arbitration. Non-Signatory Member of A Group of Companies Cannot be Ipso Facto Bound by Arbitration Reynders Label involved a petition under Section…
It is said that states lose more times than investors in investment arbitration. Indeed, ICSID surveys reveal that while investors receive an award of costs in 41.4% of the cases,…
…Spain (PCA Case No. 2019-17) (hereinafter ‘Antonio del Valle Ruiz v. Spain’), is being administered by the Permanent Court of Arbitration (‘PCA’). In their Notice of Arbitration, the claimants allege…
…themselves as favourable seats of arbitration and for local arbitration centres to be included in contracts. Gauging the progress and enthusiasm the future does look optimistic. Below is a snapshot…
…same BIT. The arbitration proceedings were seated in London and administered by the Permanent Court of Arbitration, with hearings organized at the ICC headquarters in Paris in August 2017. This…
…Comes of Age: Yet another challenge for states in investment treaty arbitration?” iisd.org, November 2011. Does FPSS apply only in the case of physical security? The question of whether…
…International Arbitration Centre (‘HKIAC’); China International Economic and Trade Arbitration Commission (‘CIETAC’) Hong Kong Arbitration Center (‘HKAC’); International Court of Arbitration of the International Chamber of Commerce – Asia Office;…
…AI in arbitrations and the future of arbitration in Hong Kong. Has arbitration always been your interest from the start of your career? My interest for the early years…
…Sophie Lamb QC, global co-chair of the international arbitration practice at Latham & Watkins. The theme of this year’s lecture was whether arbitration is sustainable. The premise was the necessary…
As Hong Kong Arbitration Week 2019 hits the midway point, we asked three next-generation arbitration practitioners: how do you see the future of arbitration in Hong Kong? These are their…
…the reality that arbitration institutions are required to expand their procedural tools in order to effectively manage increasingly complex disputes, including those involving multiple parties and arbitration agreements. On Monday,…
…of early dismissal procedures in arbitration. Despite their “broad discretion” arbitrators typically suffer from “due process paranoia” that leads to lengthier proceedings in arbitration, adding to the expense. In response,…
UNCITRAL’s Working Group III on investor-state dispute settlement (ISDS) assembled in Vienna last week to consider a raft of reforms concerning investment arbitration. The fifth session in this process, governments…
…This is also true in respect of arbitration in Hong Kong. Protests do not affect Hong Kong’s arbitration framework or judicial support for arbitration, or the way how arbitral proceedings…
…of the most fundamental duties to safeguard the legitimacy of arbitration. Yet, what are the consequences if they fail to do so? This question has kept two German courts, the…
…on the Micula saga, on this Blog particularly (see here). In a nutshell, after 8 years of ICSID arbitration proceedings in case ARB/05/20, brothers Viorel and Ioan Micula (the “Miculas”)…
In his post of 30 August 2019, Pablo Pérez-Salido discussed the proposal at UNCITRAL’s Working Group III for the establishment of an Advisory Centre on International Investment Law (ACIIL). This…
…means the court referred to under article (9) of the Egyptian Arbitration Law, which would be either (a) Cairo Court of Appeal in case of International Arbitration; or (b) Territorially…
…No. 320/2019 and Decree SP No. 64.356 / 2019, regarding public-private arbitration; and Ricardo Dalmaso Marques analyzes Resolution No. 35/2019 of the Arbitration and Mediation Center of the Brazil-Canada Chamber…
…growing consensus among practitioners and scholars that post-arbitration trades are harmful. The consensus against post-arbitration trades has led some states to take action such as by passing legislation that puts…
…the seat of arbitration. The fact that an arbitration is domestic in the country of origin and that all parties are domiciled or incorporated there is likely to enhance the…
…Manuel ARROYO, Giving birth to a 3’000-page treatise: How “Arbitration in Switzerland” came into being Manuel ARROYO, the editor of Arbitration in Switzerland – The Practitioner’s Guide, shares with the…
