…narrower in scope, the value of a 1-arbitration Report is roughly equivalent to one phone call. Even if based on only one arbitration, the feedback in this Report suggests that…
…by the Arbitral Tribunal itself.” ICC also informed Antrix that the arbitration clause substantially departed from the ICC rules and that the institution would conduct the arbitration following its rules…
…claimants to establish that Article 17 of the OIC Agreement provides consent to arbitration in general without providing additional evidence of consent to ICSID arbitration in particular. The tribunal, consisting…
…Ministerial Approval Requirement for Arbitration Agreements in Egypt: Revisiting the Public Policy Debate The Egyptian Arbitration Law No. 27/1994 (the ‘Egyptian Arbitration Law’) was enacted without delineating the subject of…
…under provincial jurisdiction. The nine common law provinces (i.e., all those other than Quebec) have separate statutes for domestic and international commercial arbitration. The international arbitration legislation implements the Model…
…registered the Request for Arbitration, implying that the dispute was not outside ICSID jurisdiction, despite there being no dispute resolution clause in the Unified-Agreement providing States’ consent to arbitration. Although…
…procedural rules and governing law of the arbitration. It considers three different scenarios: where the procedural rules or governing law of the arbitration expressly refer to “in person” hearings on…
…sought to restore its stake to 50%. Ukrnafta refused to agree and in 2007 Carpatsky commenced arbitration proceedings to recover its lost profits. The arbitration (seated in Stockholm under the…
…stakeholders are assessing other tools to mitigate the impact of COVID-19. Recently, Mr. Gary Born, the President of the SIAC Court of Arbitration, in his Open Letter addressed some of…
…approach to public policy In Hong Kong, the public policy defence has been adopted in Section 86(2)(b) of the Hong Kong Arbitration Ordinance (Cap 609) (“Arbitration Ordinance”).1)Note that Hong Kong…
…the UNCITRAL Model Law; cross-border enforcement of interim measures; a comparison between commercial and treaty-based arbitration; strategic management in commencing arbitrations; the future of State courts and arbitration; an interrogation…
…excluded. Case study The case in question involves proceedings initiated by the Claimant on the basis of an arbitration agreement that provided for arbitration administered by the ICC. The…
…intended to ensure that the Draft Code can be adapted and applied to various ISDS mechanisms, including ad hoc arbitration or a standing ISDS adjudicative body. Despite its sweeping nature,…
…firm offer model).. Briefly, he demarcates those arbitration clauses which purport a mere offer to arbitrate as against those clauses which incorporate an unconditional consent to arbitration. In other words,…
…of the arbitration agreements concluded between the parties despite the contentions by the plaintiff that no dispute existed in the terms of the arbitration agreement. Background of the Dispute…
…clause of its Arbitration Rules (“CBMA Rules”) and the secrecy, found on article 13, paragraph 6, of the Brazilian Arbitration Act (“BAA” – Law no. 9.307/1996) and also on article…
…of arbitration, and a state’s arbitration-friendliness can also be evidenced by its willingness to ensure that the consent underpinning arbitration is not vitiated. If challenges on the basis of serious…
…down judgment in MPB v LGK [2020] EWHC 90 (TCC), dismissing an application by MPB to set aside an arbitration award on jurisdiction pursuant to section 67 of the Arbitration…
…Law of the Supreme Court of Justice), not to arbitration proceedings. What we know so far The case at hand involves a domestic arbitration under the rules of the…
…Immunity Act (“FSIA”) applies. The courts have recognized arbitration exception under the FSIA. Romania, relying on Achmea, contested the arbitration agreement under the Sweden-Romania BIT as invalid and unenforceable. This…
…arbitration and the arbitration rules, if any. Some national laws or arbitration rules contain specific provisions on remote hearings in permissive terms, expressly allowing the tribunal to hold hearings remotely.3)See…
…proceedings seated in New York to give evidence in support of the arbitration. The Arbitration The dispute arose under two settlement agreements between A and B on the one…
…agreement – as a standard tactic – to bypass the arbitration and the [Arbitration Act 1996] by presenting a winding up petition“.5)AnAn at [30], citing Salford at [40]. The authors…
…policy, then the issue remains ripe for international arbitration. Similarly, if a secondary sanction is evidently based on discriminatory motives by a domestic or international adjudicator, then international arbitration has…
