…of the CIAMA Rules). Transparency and Publication of Awards CIAMA has integrated into its rules the growing concern for transparency regarding the conduct of arbitration proceedings. The anonymous publication…
…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…
…International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the…
…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….
…It should be noted that HKIAC is currently not among the first group of arbitration intuitions. If HKIAC is listed in the arbitration institution under the Provisions on Establishment of…
…progressive provisions imposing upon investors upfront compliance with a set of environmental, labor and human rights, and having the immense merit of clarity and security. These provisions depart from the…
…Ponce, posited that politicians interfere with arbitration. However, Marchan emphasized, economic development most probably depends on access to arbitration given that new investments are of a contractual nature. Jonathan Hamilton…
…arbitration. Taking SHIAC arbitration rules as an example, in SHIAC’s 2014 version of Free Trade Zone Arbitration Rules, SHIAC was the first Chinese arbitration institution to provide for “mediation before…
…Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were drafted and published in December 2018 (for related posts on the Prague Rules on Kluwer Arbitration Blog click here, here,…
…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…
…actual rules and including certain matters that are not currently in the Rules, such as provisions for emergency arbitrators, consolidation and expedited rules. We are also working on promoting other…
…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…
…of information. Recommendations related to the arbitral process Arbitration institutions could envisage adopting arbitration rules similar to the Code’s, in order to increase the foreseeability and, thus, the legal certainty…
…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…
…SDNY held in January 2019 that a tribunal formed under the rules of the London Court of International Arbitration (LCIA) is a “foreign or international tribunal” for Section 1782 purposes….
…of the Swiss Private International Law Act governing international arbitration in Switzerland. Philip WIMALASENA, The Publication of Arbitral Awards as a Contribution to Legal Development – A Plea for more…
…represents a highly individualized legal field and thus prima facie does not appear as a prime candidate for commoditization towards which most current innovative legal tools are headed. It is…
…provisions of Articles 1 to 10 of this agreement”. Several of Chile’s FTAs expressly provide that the MFN clause does not apply to dispute settlement. For example, the Argentina FTA…
…misconduct as a defense, particularly when they later ratified that conduct. The intersection of anti-corruption norms and international arbitration raises important theoretical questions about arbitration and exposes inherent tensions. Arbitration…
…(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…
