…and as such each qualifies as a seat of arbitration in its own right. The ADGM more specifically has adopted the 2015 ADGM Arbitration Regulations (the “ADGM Arbitration Regulations”), which…
…qualification. Section 36 of the English Arbitration Act and Section 594(3) of the Austrian Arbitration Law are some examples of this position. Similarly, Article 4 of the UNCITRAL Arbitration Rules…
…blockchain arbitration can be facilitated through the Indian Act. Validity of the Arbitration Agreement in Domestic Awards One problem identified with the enforceability of blockchain arbitration awards is the…
On 19 July 2019, Beijing Arbitration Commission a.k.a. Beijing International Arbitration Center (the “BAC/BIAC”) released its amended Arbitration Rules (the “Rules”) and Fee Schedule (the “Fee Schedule”), both of which…
…party’s revocation of consent to arbitration. This post discusses each of these changes in turn. Relaxing Arbitration Agreement Requirements Before the changes, in order to be enforceable, arbitration agreements…
…Case No. ARB/12/12); Greentech Energy Systems A/S and others v Italy (SCC Arbitration V 2015/095). namely that EU law does not preclude arbitration of intra-EU investment disputes under the ECT….
…widely recognised principle of automatic transfer of the arbitration agreement and held that the assignment of contractual receivables does not transfer the rights under the arbitration clause contained in the…
…with independence and impartiality and I consult with the Arbitration Boards of TRAC on matters concerning the implementation of the Rules of Arbitration.1)TRAC has one International Arbitration Board and one…
…rights therein. To ipso facto declare them non-arbitrable would upset the purpose of the Arbitration Act, impair the efficacy of commercial arbitration and disregard party autonomy. Thus, the inflexible stance…
…governing domestic arbitration. Arbitration Rules United States: The FAA provides some foundational rules for arbitration proceedings such as requiring that arbitration agreements be in writing, but leaves much of…
Introduction Party autonomy is the underlining principle of arbitration. The courts ought to have it in mind whenever they are called upon to intervene in matters related to arbitration. The…
…have a huge impact on arbitration and that is already being pursued by some in the arbitration community: digital case management systems. What could a digital case management system look…
…non-compliance with the arbitration provision may raise the issue of good faith under general international law in principle, the practical consequence for now is that arbitration is stalled, although Japan…
…arbitration under the ICSID Convention (as both Japan and Korea are parties), with its more favourable enforcement regime, or any other separately agreed Arbitration Rules. (Articles 17-18 exclude ISDS for…
…arbitration. Although the Prague Rules may have been drafted with a view to making commercial arbitration more efficient, there is in principle nothing that would prevent the Prague Rules from…
…of Dr. Aniruddha Rajput’s “Regulatory Freedom and Indirect Expropriation in Investment Arbitration”. Professor Attila Massimiliano Tanzi chaired the debate while Andrea Carlevaris was asked to argue in favour of the…
…the separability presumption, the courts and the tribunals insulate the arbitration agreements from attacks on the underlying contract and uphold arbitration. However, the separability presumption sometimes backfires; particularly if one…
…Rules of Arbitration of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI Arbitration Court” and “2011 HCCI Rules of Arbitration”) provided that, following the…
…with its many contradictory court decisions, is that laws written to support litigation are often ill-suited to support the needs of parties in arbitration. When Daewoo signed up for arbitration,…
…the conference with two panels on current issues in international arbitration dealing with “Arbitration and Insolvency” as well as “Costs and Efficiency in Arbitration”. Arbitration and Insolvency National Conference…
…prohibits recourse of employment disputes to arbitration.3)Art. 6 of Law of Ukraine on Arbitration Courts. However, because the court in its findings did not rely on this more appropriate ground…
…justification: the provision of an arbitration agreement granting the claimant the right to choose between arbitration or court is not disproportionate as an arbitration agreement does not designate a specific…
Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to facilitate the…
…current arbitration law is the Lagos State Arbitration Law which is based on the 2006 revisions to the UNCITRAL Model Law. Nigeria’s Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill…
