…that are settled in international arbitration: (i) the arbitration award has res judicata effects, and (ii) the award cannot affect a third party who was not part of the arbitration….
…dispute resolution landscape, the Africa Arbitration Academy realized that it is timely to contribute to the advent of arbitration on the Continent in the midst of the COVID-19 pandemic. The…
…purposes of investment arbitration. Generally speaking, arbitration rules guiding international commercial arbitration permit the removal of arbitrators on the demonstration of ‘justifiable doubts’ about their independence and impartiality. The WTO…
…arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents where it is “relevant to…
…law of the arbitration agreement in cases where parties expressly chose the law applicable to the main contract and the seat of arbitration under a different law. Background The…
…Rules was launched in December 2019. The Business and Human Rights Arbitration Working Group (the “Working Group”) that developed the Rules was clear regarding the benefits that arbitration had to…
…by stating that the Arbitration Law is “ideal for arbitration between private parties.” Inexplicably, the recital states that the Arbitration Law is “not well suited” for arbitrations in which the…
In January 2009, Professor Roger Alford published the first post on the Kluwer Arbitration Blog (the Blog), launching what is now considered an indispensable tool for arbitration practitioners and academics…
…court dismissed the action in favour of arbitration, holding that the clause is valid under the Czech law on arbitration (Act No. 216/1994 Coll., on arbitration proceedings and on enforcement…
…and Daniel Behn, “Between War and Peace: Intermittent Armed Conflict and Investment Arbitration” in Gómez, Gourgourinis, and Titi, International Investment Law and the Law of Armed Conflict (2019) p. 47….
…investment pursuant to domestic FDI screening regulations may trigger the treaty arbitration clause. Under such a treaty, the investor may start an arbitration against the host state claiming the latter’s…
…Natation. However, it is less common in China-seated arbitrations since the majority of arbitration rules of Chinese arbitration institutions do not provide for rules on expert witness. This article intends…
…of Croatia’s accession to the EU, Slovenia and Croatia signed an arbitration agreement (“Arbitration Agreement”) referring their land and maritime border dispute to arbitration. The European Commission and the Swedish…
…under the 1996 Ukraine-Moldova BIT. Energoallians commenced Paris-seated UNCITRAL arbitration proceedings and in 2013, co-arbitrators Mikhail Savranskiy (Russia) and Viktor Volchinskiy (Moldova) rendered a majority award dismissing the Moldovan State’s…
…Marcelo Levitinas and Luisa Cabral de Mello Marques Coelho propose a reasonable interpretation of article 10 of the Brazilian Arbitration Law, in regard to the arbitration agreement in an on-going…
…2011, is another useful report. Finally, the “Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under ICC Rules of Arbitration” (“Note”) reminds us of many techniques and…
…way. Indeed, institutional arbitration rules, both in the context of international commercial arbitration and ISDS ad hoc arbitration, approach the matter with the apparent intent to discourage arbitrator liability and…
In its unanimous decision in the Micula case the UK Supreme Court on 19 February 2020 made clear that ICSID arbitral awards rendered by tribunals established pursuant to intra-EU BITs…
The significance of an arbitration agreement’s proper law cannot be understated, given its importance vis-à-vis the arbitration agreement’s validity and consequent implications on the tribunal’s jurisdiction and the arbitral award’s…
…ad hoc arbitration. The dispute is to be resolved by three arbitrators selected as a result of mutual consultations of the parties. The arbitration panel is to render its ruling…
…treaty awards, with a particular focus on the limited grounds of annulment available. Marco Stacher, Jurisdiction and Admissibility under Swiss Arbitration Law – the Relevance of the Distinction and…
In interpreting one of the most contested investment treaty protection standards – fair and equitable treatment – arbitral tribunals have increasingly referred to the necessity for an investor to conduct…
…the request of arbitration, using the current disruption of mail services in different parts of the world as a tactic for delaying the registration of the arbitration. This tactic may…
…use in a private, commercial arbitration taking place in Switzerland. The Eleventh Circuit, on the other hand, seemed to consider that Section 1782 did apply to a private arbitration taking…
