…arbitration on its head. In-depth analysis and commentary were previously featured on the Kluwer Arbitration Blog as well. Following the decision of the CJEU and the clarifications of the EU…
…into the analysis of transmission of arbitration agreements by subrogation. She took the position that arbitration agreements have a dual procedural-substantive nature and, therefore, can indeed be subject to transmission….
…an international arbitration seated in London. Michael Kotrly & Barry Mansfield, Recent Developments in International Arbitration in England and Ireland This article considers developments in international arbitration in England…
Mediation and arbitration are often categorized as separate and distinct fields for good reason. Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation…
…arbitration clauses. While this approach is consistent with modern contractual interpretation, it may deter parties from selecting Australian law to govern arbitration agreements. This post considers the significance of the…
…maintain a monopoly over settling maritime disputes through arbitration, ‘[w]e should never forget that, just as anyone can be an arbitrator, arbitration can take place anywhere’.2)Bruce Harris, Arbitration-A World Overview,…
…wrote in a 2015 Kluwer Arbitration Blog post, The Evolution of Arbitration in the Arab World, the uprisings of the Arab Spring and the political changes resulting therefrom were expected…
…Commercial Arbitration – CRCICA, Egypt). Karl Hennessee pleaded for arbitral courage as to the role to be played by arbitrators to ensure efficient and effective arbitration proceedings. He emphasised that…
…had submitted the request for arbitration to the Korean Commercial Arbitration Board and the arbitration was not in China, it lacked legal basis for accepting the application for property preservation….
…Arbitration and Mediation Institutions Included in the “One-Stop” Diversified Mechanisms for Resolving International Commercial Disputes (Fa Ban [2018] No.212), announcing the first group of international commercial arbitration and mediation institutions….
Ever since its inception, investment arbitration has benefited from a perception of self-contained ecosystem that does not interact with any other normative subject matter. Investor-State tribunals for the most part…
…panel, Jonathan Hamilton emphasized the fact that Miami offers a solid ground for arbitration, and that the region has come a long way since the first ever treaty arbitration case,…
…financial disputes reached some 233.4 billion RMB (roughly 33.6% and the highest). Several Chinese arbitration institutions, like Shanghai Arbitration Commission (“SAC”), Guangzhou Arbitration Commission and Jinan Arbitration Commission, have also…
The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of…
…on how to adjudicate changed circumstances in international arbitration. Keynote speakers and panelists engaged in lively debates on how domestic and international legal principles on changed circumstances have evolved in…
Corruption in the context of international arbitration is at the forefront of current discussion and analysis. At the same time, innovative efforts to obtain evidence in the U.S. through 28…
…the administrative fees charged at the Centre compared to other arbitration institutions in the world, as illustrated in Global Arbitration Review (GAR)’s 2019 survey of arbitration costs. This is because…
…during arbitration. But: IP disputes and arbitration – how do these fit together? When talking about IP arbitration, two main issues must be considered: Is an arbitration clause in place?…
…are more keen to recognize arbitration agreements and take a more “supportive” approach to arbitration. Kluwer Arbitration Blog invited Dr Emilia Onyema, senior lecturer at SOAS in the UK, pioneer…
…particular, on a new initiative to use arbitration to resolve business and human rights disputes: the Elements Paper on the “Hague Rules on Business and Human Rights (BHR) Arbitration” (Rules)…
…or invalidity thereof, shall be settled by arbitration under the Hong Kong International Centre Administered Arbitration Rules in force at the date of this Agreement”. The Main Issue Moravia…
…that arbitration offers to its users, as the arbitration institutions play an important role in the promotion, development and legitimacy of the arbitration. CEA recommends that the parties use the…
…submission of the parties to arbitration and reference to arbitration by courts. Decisions in arbitration initiated by submission were, however, not enforceable. This issue was resolved by a later commitment…
…post-Intel decision on the private arbitration question. In Kleimar, Judge Marrero notably held that the London Maritime Arbitration Association is a “foreign tribunal” for Section 1782 purposes, implicitly determining that…
