…the Rules can apply to any dispute that parties to an arbitration agreement have agreed to settle by arbitration via the Rules and therefore there is no restriction on the…
…Arbitration Law (general—supplementary) when they find contradictions between them; e.g. limitation periods to file for arbitration and diverging provisions on parties right to refile arbitration claims. Another concern is 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…
…International Law, which declares the New York Convention applicable without any reciprocity reservation. Consequently, the correct conclusion would have been that Switzerland had bound itself to apply the New York…
…importance of voluntary compliance. It then underlines that the applicable rules related to the removal or challenge of arbitrators, which are separate and different for each institution, continue to apply….
…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…
…rules,3)See for example, the UNCITRAL Arbitration Rules, the Code of Sports-related Arbitration, the 2016 SIAC Rules, the 2017 ICC Rules and the 2018 HKIAC Rules. a party-appointed expert will not…
…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…
…dispute and the adequate moment to appoint arbitrators. Finally, Andréia Propp Arend and Luciano Benetti Timm conduct a study on expedite arbitration, from the perspective of economic-legal analysis. In the…
…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…
…ICC Bulletin, 2017 p. 8-10. Leaving aside the peculiarities of these rules, Article 16 of the UNCITRAL Arbitration Rules adopts, as opposed to the PCA Arbitration Rules, a similar position…
…Article V(2)(b) of the New York Convention will largely depend on the provisions of the agreement currently being negotiated between the EU and the UK concerning their future relations, since…
…arbitration agreement’s implied proper law. Applying the Choice-of-Law Framework, the SGCA reasoned that: The Express Choice-of-Law Analysis did not apply as the parties had not expressly chosen the arbitration agreement’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…
…2017 [Revision – Date of discovery of ground] 4A_412/2016 of 21 November 2016 [Revision – New evidence of corruption] 4A_645/2014 of 20 February 2015 [Revision – New facts not material]…
…legal analysis of the Spanish regulatory framework, but the tribunal nonetheless found that the investor was kept informed about the legal developments by its law firm, it being ‘reasonable for…
…1958 (although the New York Convention would not apply to awards rendered pursuant to the ICSID Convention). Most arbitral institutions have the capacity to conduct virtual meetings so the spread…
…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…
…the purpose of ensuring legal and judicial certainty for investors and companies. OHADA’s uniform rules are created through so-called Uniform Acts, which pertain to various domains of commercial law. To…
…Brazilian Arbitration Act provides that arbitration proceedings with the Brazilian public administration shall abide to the principle of publicity. A recently concluded arbitration between two private port operators and the…
…international sports arbitration. In Riza, five different applicants challenged the independence of the Turkish Football Federation’s (“TFF“) Arbitration Committee (“AC”). Given the subjective – same Respondent – and objective –…
