…be considered carefully. Peter Georg Picht & Gaspare Tazio Loderer, Arbitration in SEP/FRAND Disputes: Overview and Core Issues This article takes a look at arbitration in intellectual property matters…
…arbitration community an interesting development pertaining to arbitration of antitrust disputes. We normally think of the nexus between arbitration and antitrust in the context of a private arbitration that includes…
…in the arbitration agreement violated Article 17 of the Arbitration Law, including 17(1): “matters outside the legally mandated scope of arbitration”. The matters identified include: registered capital increase and subscription…
Recently, focus has been brought upon the use of international arbitration to solve human rights abuses caused by businesses (“BHR Arbitration“). Disputes involving human rights violations often occur between parties…
…IX, dedicated particularly to international arbitration, displays the “arbitration-friendly regime” intended in the Portuguese law.3)J. Miguel Júdice & P. Metello Napóles, “Portugal” in Global Arbitration Review 2015. On what concerns…
…international arbitration community in the ICCA Yearbook of Commercial Arbitration series. This case law of 20 years is summarized below by identifying the main directions of the application of the…
…in the field of International Arbitration? Recognize that the world of international arbitration is much bigger on the inside. Arbitration is a form of dispute resolution with its own unique…
…in arbitration.6)Jeffrey Waincymer, Procedure and Evidence in International Arbitration at page 917, fn 99 (“The rule [in Browne v Dunn] itself does not apply in arbitration…”). In addition, the rules…
…within the dispute resolution process, either before court or under ADR mechanisms, including arbitration, must be performed in accordance with the GDPR requirements. Who is Who in Arbitration from…
…(“HKIAC”), the Court of Arbitration of the International Chamber of Commerce (“ICC”), the Singapore International Arbitration Centre (“SIAC”), and the Korean Commercial Arbitration Board (“KCAB”). Thus far, perhaps because of…
…if arbitration under Public Sector Law is equal to voluntary arbitrations,2)Voluntary Arbitration or Regular Arbitration is meant to be arbitration that is subject to Arbitration Law No. 27 of 1994….
…of the Arbitration Law reads: “Whereas an agreement for arbitration fails to specify or specify clearly matters concerning arbitration or the choice of arbitration commission, parties concerned may conclude a…
…be inclined also to choose London-seated arbitration. The choice of the LCIA then often follows naturally when selecting an arbitration institution. Arbitration – a dispute resolution mechanism which has…
…world intervened in the Working Group that drafted these Principles. When dealing with applicable law in arbitration, the Guide focuses in particular on the 1958 New York Convention, and the…
…both the law of securities and of arbitration on the matter in order to ascertain the viability of mandatory shareholder arbitration in India. India’s Arbitration Law – The Arbitration and…
…and enforceable clause. Arbitration and mediation: Frenemies in mutualistic competition The second reason why arbitration practitioners need not panic just yet is that arbitration and mediation are not true…
…the arbitration proceedings. If the mediation is successful the parties return to the tribunal to pass a settlement award. If the mediation is unsuccessful, they resume the arbitration from where…
…access to legal services and expertise necessary to better articulate an efficient defense in investment treaty disputes. However, there are numerous challenges connected to the establishment of such an advisory…
…Joint Task Force on Data Protection in International Arbitration Proceedings. The task force is developing much-needed guidance to assist arbitration professionals with their data protection obligations during arbitration proceedings, which…
…the latest precedents issued by the judicial authorities on the matter reveal a pro-arbitration tendency, which is undoubtedly a promising sign for the arbitration scene in Central America and Mexico….
…NYC, an arbitration agreement must be in writing, either in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams (or…
…foreign-seated arbitration. The incorporation of litigation/arbitration in London was therefore invalid. After concluding that the arbitration agreement was invalid, the Court then looked at the Provisions of the Supreme People’s…
The Arbitration & Conciliation (Amendment) Act, 2019 (“the 2019 Amendment”), which amends the Indian Arbitration & Conciliation Act, 1996 (“the Act”), came into force with effect from 9 August 2019….
…same requirements with regard to international arbitration proceedings. Nonetheless, in international arbitration proceedings not all parties may be familiar with Swiss law and its dual arbitration regime with Chapter 12…
