…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…
…GDPR Perspective? In order to precisely identify the roles and the related responsibilities of the key players in arbitration, one must carefully apply the GDPR rules to the underlying legal…
…Council stated its goal to align with international dispute resolution rules, improve the arbitration rules of the Shanghai FTZ, and strengthen the internationalisation of commercial arbitration in mainland China. With…
…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….
…and Trade Arbitration Commission for arbitration in accordance with the American arbitration rules. The arbitral award shall be final and binding on both parties”. Disputes arose between the two parties…
…to arbitration at the LCIA. The anticipated LCIA rule change providing for some form of summary dismissal procedure may also encourage financial institutions to include LCIA arbitration in their contracts,…
…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…
…rules. The users of international arbitration complain that international arbitration has become complex, overtly procedural, time-consuming and expensive. They lament that it has become what it sought to address. While…
…for investment disputes. Although the idea of an advisory centre is not entirely new,1)See e.g. the Advisory Centre on WTO Law; the UNASUR advisory centre project; and the ASEAN Forum…
…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…
…ICC recently released updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration, effective 1 January 2019 in which it…
…parties to domestic arbitration proceedings may prefer to have more limited grounds available to set aside an arbitral award and have thus an interest to apply the arbitration rules as…
…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…
…Nigerian rules to restrict parties in selecting their preferred representatives in arbitration proceedings, among other reasons, partly accounts for its poor “formal legal structure” and “national arbitration law.” These are…
…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…
…constitutes a definitive ruling that investor-state arbitration provisions in intra-EU cases are incompatible with EU law. Therefore, such provisions cannot afford a basis for jurisdiction where an EU member state…
…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…
