…Transparency in International Commercial Arbitration Philip WIMALASENA calls for more transparency in commercial arbitration through the systematic publication of arbitral awards. WIMALASENA analyses the structural prerequisites of a comprehensive publication…
…innovative techniques as applied in dispute resolution. As pointed out during the opening remarks, if the meaning of innovation is making things better, easier and more efficient, then international arbitration,…
…The notable exception is the Uruguay BIT, which provides that “[n]o claim may be submitted to arbitration . . . if more than three (3) years have elapsed from the…
…31 August 2015 led Vantage to commence the arbitration proceeding. During the arbitration, Petrobras argued “that the DSA was void or unenforceable for allegedly being procured through bribery”. Notwithstanding, the…
…(1) it clarifies the scope of the “public policy” ground for setting aside an award as amended by the Arbitration and Conciliation (Amendment) Act 2015 (“2015 Act”), (2) affirms the…
…been establishing ISDS options, including the establishment of a new International Commercial Court and CIETAC’s publication of new investment arbitration rules. At the same time, two newly established arbitration centers…
The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism…
Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs…
Introduction In international arbitration, winning an award is not the end of the story. Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s) where…
…foreign seat. The Arbitration and Conciliation Act provides for parties undergoing international commercial arbitration to bypass domestic regulatory mechanisms. If such a scheme was to be envisioned as applicable to…
…in the context of arbitration. In addition, Fabiane Verçosa comments on a decision by the Brazilian Superior Court of Labor addressing the delicate matter of the use of arbitration for…
Welcome to the Kluwer Arbitration Blog, Ms. Sauma! We are grateful for this opportunity to learn more about the International Center for Conciliation and Arbitration (“CICA” for its initials in…
The publication of the Rules on the Efficient Conduct of Proceedings in Arbitration (“Prague Rules”) on 14 December 2018 heralded a challenge to the well-established incumbent (i.e. the International Bar…
…major arbitration rules have promulgated EA procedure for investment disputes, i.e., Arbitration Rules of Stockholm Chamber of Commerce (“SCC Rules”), SIAC Investment Arbitration Rules (“SIAC IA Rules”), and China International…
Since 2013, an independent group of international lawyers (the Working Group of the Business and Human Rights Arbitration project) has been considering the possibility of using international arbitration as a…
…Arbitration (First Edition) Published by Global Legal Group. the Kyrgyz Arbitration Law largely contains some elements of the UNCITRAL Model Law on International Commercial Arbitration (the “UNCITRAL Model Law”). However,…
…Belgrade Arbitration Association). Impact of the Belt & Road Initiative (“BRI”) on Arbitration in SEE Dr. Johannes Landbrecht from Gabriel Arbitration asked the audience whether the BRI had an…
…set out in applicable arbitration rules.14) E.g, Article 42 of the 2017 ICC Rules. Second, if the tribunal has already rendered an award containing LIBOR as a benchmark, the available…
…Jan van den Berg, Enforcement of Annulled Awards, 9 (2) ICC International Court of Arbitration Bulletin 15, 15 (1998), Julian Lew, Achieving the Dream: Autonomous Arbitration, 22 (2) Arbitration International…
…by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”). Following the election of a new president of Sri Lanka in 2015, the new…
…arbitration is filed under the UNCITRAL Rules with the Permanent Court of Arbitration administering the dispute. The claim amount is circa USD 30 million. The seat of arbitration is Sweden….
…States to Regulate in International Investment Law: The Search for Balance between Public Interest and Fair and Equitable Treatment, International Arbitration Law Library, Wolters Kluwer, 2019 (forthcoming). Furthermore, the notion…
…launched ICSID arbitration proceedings on the basis of the 2002 Sweden-Romania BIT. In a majority award dated 11 December 2013, the arbitral tribunal ruled that Romania impaired the Micula brothers’…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: General Assistant Editor and Assistant Editor for Central Asia and East Asia….
