…so far with expedite arbitration under the new arbitration rules at TRAC? TRAC Rules 2018 are based on the 2010 UNCITRAL Arbitration Rules , with some modifications to make them…
…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…
…discretion. Under the trilateral agreement, Article 17 provides that Japan can commence arbitration under the UNCITRAL Arbitration Rules after a mandatory consultation period of six months beginning with a written…
…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…
…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…
…that new provisions will resolve all controversial issues related to expropriation, leaving arbitrators and academics the task of interpreting them. Decisions of other tribunals can serve a helpful role. In…
…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…
…included international arbitration provisions. AMT failed to deliver pig iron to both Daewoo and TKM. In December 2012, Daewoo filed an action in the United States District Court for the…
…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…
It is no secret that each sport has its rules of the game with appropriate sanctions for violating them. However, it may be new for someone that sports also have…
…In Simple Questions You Might Ask Yourself More Often, Greg Bond draws on his recent experience of doing mediation training in Tbilisi, Georgia, at New Vision University. The focus of…
…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…
…effects between Israel and Colombia. None of its provisions can be interpreted in the sense of defining the sovereign territory of Israel or Colombia or creating obligations for Palestine. As…
…arbitrations. Why Use EA Procedures? The ICC EA Procedures were introduced in 2012 by Article 29 of the Rules of Arbitration of the ICC (“ICC Rules”), with detailed procedures…
…to the New York Convention or having obsolete arbitration laws can only militate against the perception of being an attractive venue for arbitration/ an investment-friendly climate. Highly trained arbitrators and…
…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…
…in violation of public policy – grounds for denial of recognition under Art. V.2.b of the New York Convention, reproduced in Art. 39, II, of the Brazilian Arbitration Act. In…
…Leap Forward? This article analyzes the new Federal Law No. 6 of 2018 (the ‘New Arbitration Law’) of the UAE which took effect on 16 June 2018. The New Arbitration…
…among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules, the mediation experience is created…
…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…
