…in the arbitration agreement. Arbitration Clauses Formalities When the contracts contain an arbitration clause, (1) this clause will be highlighted in the contract; (2) it shall comply with the…
This post analyses a series of ICSID arbitration awards against Venezuela since 2014 to understand a pressing concern in many investment arbitrations today: how to deal with the risk of…
…before the Zambian Courts as the parties agreed to refer disputes to arbitration. The KCM Shareholder Agreement contains an arbitration agreement that provides for disputes to be referred to arbitration…
…of Brazil’s new law is the possibility of submitting disputes related to expropriations to mediation and arbitration, according to Brazil’s mediation Statute and arbitration Statute. This legislative innovation is welcome…
…Proposals for the ICSID Arbitration Rules Amendments in late August 2019 (“WP3”). It is safe to say that the revisions of the ICSID Rules arrive at a critical moment. Practitioners,…
…Arbitration Society (“ARIAS-US”) is a nonprofit corporation, per its website, “dedicated to improving the insurance and reinsurance arbitration process for the international and domestic markets”. ARIAS-US provides initial training and…
Thank you for joining us on the Kluwer Arbitration Blog, Mr Hafez Virjee. We are honoured to have the opportunity to gain insight on Delos, the independent arbitration institution that…
…efficient than court enforcement. Majority of enforcement cases involves a situation where the debtor does not disclose its assets and does not pay voluntarily. In such scenario, court enforcement is…
…claim a remedy. If the claim is rejected, this would cause a dispute to be resolved, for example, by way of arbitration proceedings. Kopetzki then explained that arbitration would also…
…Centre for Arbitration, the International Chamber of Arbitration and the Sudanese Centre for Conciliation & Arbitration. Ghana also hosts three: the Ghana Arbitration Centre, the Ghana Association of Certified Mediators…
Italy’s leading arbitral institution, the Milan Chamber of Arbitration (“CAM”), issued its new rules (“CAM Rules”) on 1 March 2019. The new rules, superseding the previous CAM Rules of 2010…
…the South African government “may consent to international arbitration” but “[s]uch arbitration will be conducted between [South Africa] and the home state of the applicable investor”. ISDS remains a viable…
…other.4)See G. Carducci, 2012. “The Arbitration Reform in France: Domestic and International Arbitration Law”. Arbitration International, 28(1), pp.125-158. Even when a country regulates domestic and international arbitration in the same…
…In the context of international commercial arbitration, the issue nevertheless has been whether a private arbitral tribunal or the parties to such an arbitration have standing to make a §…
…DC office, where he concentrated on administrative and public law cases before specializing in international arbitration. Today he is a member of Twenty Essex. Separately, Judge Brower has provided more…
…such as the Cairo Regional Centre for International Commercial Arbitration, the Mauritius International Arbitration Centre and the Kigali International Arbitration Center, many in Africa believe that the continued exclusion of…
…arbitration agreement must be deemed valid pursuant to Article 1656 of the CCCN, which stipulates that “[i]n case of doubt, the effectiveness of the arbitration agreement shall be granted”. Moreover,…
…of the Federal Arbitration Act, which governs domestic arbitration agreements, and not under Chapter 2, which governs arbitration agreements falling under the Convention. This was so, in the Court’s view,…
…to international arbitration.4)Gabrielle Kaufmann-Kohler, “Arbitral Precedent: Dream, Necessity or Excuse?: The 2006 Freshfields Lecture.” Arbitration International 23, no. 3 (2007): 358. Formal Relationship between Arbitration and the Courts The…
…Arbitration More Suitable to Resolve Disputes Between Sovereign Entities? Recourse to arbitration as a means to resolve disputes between nations is far from a novel concept. It has long had…
…for arbitration in Shanghai, which will be conducted in accordance with its Arbitration Rules […]”. The defendants commenced arbitration against the plaintiff pursuant to Article 14.2 and in accordance with…
…arbitration clauses in their standard employment contracts. Some have standing administrative tribunals to deal with labor disputes, while others provide for ad hoc arbitration. For example, the World Bank Group…
…Arbitration and Conciliation Act 1996 (“Arbitration Act”), the award shall be deemed to be a decree of that court.3)Arbitration and Conciliation Act 1996, s 49. Similarly, domestic awards are executable…
The development of the Brazilian Arbitration Act concerning the Public Administration Under the original wording of article 1 of Law no. 9.307/96 (“Brazilian Arbitration Act”), any capable person was entitled…
