…in the context of arbitration. In addition, Fabiane Verçosa comments on a decision by the Brazilian Superior Court of Labor addressing the delicate matter of the use of arbitration for…
…later this year our new Arbitration Rules, which represent a notable effort in making our processes more international. Aside from the leading international arbitral institutions, recent years have seen…
…bold new rules. Briefly, the key differences relate to the default rules that apply when adducing evidence. While under the Evidence Rules the right to rely on documents, call fact…
…major arbitration rules have promulgated EA procedure for investment disputes, i.e., Arbitration Rules of Stockholm Chamber of Commerce (“SCC Rules”), SIAC Investment Arbitration Rules (“SIAC IA Rules”), and China International…
…business and civil society stakeholders, the Working Group formed a Draft Team to elaborate a set of arbitral rules, the Hague Rules on Business and Human Rights Arbitration. The Drafting…
…Arbitration (First Edition) Published by Global Legal Group. the Kyrgyz Arbitration Law largely contains some elements of the UNCITRAL Model Law on International Commercial Arbitration (the “UNCITRAL Model Law”). However,…
…to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of the Aeroklub in Belgrade, Serbia,…
…set out in applicable arbitration rules.14) E.g, Article 42 of the 2017 ICC Rules. Second, if the tribunal has already rendered an award containing LIBOR as a benchmark, the available…
The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) prescribes mandatory, uniform international rules for the recognition and enforcement of international arbitration agreements…
…by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”). Following the election of a new president of Sri Lanka in 2015, the new…
…arbitration is filed under the UNCITRAL Rules with the Permanent Court of Arbitration administering the dispute. The claim amount is circa USD 30 million. The seat of arbitration is Sweden….
…incorporate provisions directly addressing investors. In 2018, Brazil has signed three new cooperation and investment facilitation agreements with Guyana, Ethiopia and Suriname. All of them contain elaborated CSR provisions, focusing…
…January 2007. In this respect, after having recalled that “new rules apply, as a matter of principle, immediately to the future effects of a situation which arose under the old…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: General Assistant Editor and Assistant Editor for Central Asia and East Asia….
…imposed (see ICSID Convention Art. 47; ICSID Arbitration Rule 39). The same is true of the ICSID Additional Facility Rules and UNCITRAL Arbitration Rules (see ICSID Additional Facility Arbitration Rule…
…particularly if the new rules providing for expedited procedures are adopted. While these statistics show the growth of private-public arbitration, they do not shed much light on the procedural and…
…as a legal center. This status depends on Hong Kong’s separation from the PRC legal system, even as its importance to the PRC may make such separation less tolerable to…
…the traditional investor-state dispute resolution clause in favour of ICSID arbitration, or ad-hoc arbitration under the UNCITRAL Rules, along with chapters on arbitration of trade disputes and international commercial arbitration…
On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment…
…in an arbitration process and discussed the importance of neutrality of arbitrators as set out in Section 12(3) of the Arbitration and Conciliation Act, 1996 (A&C Act). It also discussed…
In its 61th edition, the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents articles on four different themes. Firstly, Fabiane Verçosa comments on the possibility of submitting individual labor disputes…
…Korean Arbitration Act does not stipulate that if the agreement on arbitral institution is ambiguous, it shall render the consensus of arbitration or the arbitration clause invalid”. The court further…
…the existence of an arbitration agreement.” (emphasis added) This provision and its judicial interpretation necessarily intertwine with fundamental arbitration tenets of minimal judicial intervention and kompetenz kompetenz, enshrined in Sections…
…the existence of the arbitration agreement §2: When examining the existence of an arbitration agreement, the court may find: §2-1: whether the arbitration agreement exists in fact (factum of existence);…
