…imposed (see ICSID Convention Art. 47; ICSID Arbitration Rule 39). The same is true of the ICSID Additional Facility Rules and UNCITRAL Arbitration Rules (see ICSID Additional Facility Arbitration Rule…
…investment treaty arbitrations than those only involving private parties. Judge Brower suggested we should refer to these proceedings as “investomercial arbitration” because “commercial arbitration” is not an adequate term to…
…with enough English law influences not to put foreigners off. Mainland Chinese arbitration providers, such as the China International Economic and Trade Arbitration Center (CIETAC) and Shenzhen Court of International…
…arbitration. Latin American states have been gradually deploying international arbitration to settle trade and investment disputes. However, this evolution has not been linear as international arbitration has also stirred controversy…
…agenda voor hulp, handel en investeringen” (5 April 2013), p. 36. However, since the last Model BIT, which dates from 2004, the public opinion on investor-state arbitration has changed considerably,…
…in an arbitration process and discussed the importance of neutrality of arbitrators as set out in Section 12(3) of the Arbitration and Conciliation Act, 1996 (A&C Act). It also discussed…
In its 61th edition, the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents articles on four different themes. Firstly, Fabiane Verçosa comments on the possibility of submitting individual labor disputes…
…Korean Arbitration Act does not stipulate that if the agreement on arbitral institution is ambiguous, it shall render the consensus of arbitration or the arbitration clause invalid”. The court further…
…the existence of an arbitration agreement.” (emphasis added) This provision and its judicial interpretation necessarily intertwine with fundamental arbitration tenets of minimal judicial intervention and kompetenz kompetenz, enshrined in Sections…
…the existence of the arbitration agreement §2: When examining the existence of an arbitration agreement, the court may find: §2-1: whether the arbitration agreement exists in fact (factum of existence);…
…arbitration in general. This year, it brought together nine individuals from seven different countries and motivated them to achieve something spectacular, to win the world’s largest private law moot. Most…
Modern day arbitration agreements usually contain provisions that require parties to take certain steps before the commencement of arbitration. Such clauses, often described as “multi-tiered” clauses, set out a sequence…
…arbitration capacity from and within Africa and encouraging African governments and businesses to appoint African arbitrators and African counsel in their arbitration cases as well including African arbitration forums in…
The regular readers of the Kluwer Arbitration Blog will recall my blog at the beginning of this year in which I predicted that 2019 would be the ‘Year of the…
Introduction The Dubai International Arbitration Centre (“DIAC”) is a regional arbitration centre created by statue in 1994 as part of the Dubai Chamber of Commerce and Industry (the “Chamber”). On…
…from specific changes to the enforcement regime that are addressed in this article and that have important implications for the life-cycle of an international arbitration. This trend towards specialization is…
…amendments – coupled with the issuance of several arbitration-friendly decisions by the Courts have cleared up the doubts generated by the regulation of arbitration in the new National Civil and…
…an event for the Young Mediators Committee of the Brazilian Center for Arbitration and Mediation. Topics explored in the Q&A session include the Singapore Mediation Convention, the future of mediation…
…and Arbitration Center (CIMAC) in order to conclude that Morocco is a dynamic and key player in international arbitration that should be monitored. 1. Background: Foreign Direct Investment (FDI) in…
…of the entire value of investment arbitration claims. Understating the importance of this bargaining power of states would only alienate the entire investment arbitration system from its true value in…
…as an alternative to investment arbitration for investors in case of a territorial conflict. Prof. Sancin’s assessment included factors such as the duration of the proceedings before the European Court…
…a claim on its insurance policy with Chubb, who refused to pay. Halliburton commenced an arbitration against Chubb in London under the insurance policy. Both parties appointed an arbitrator but,…
…was both an ICSID investor-state arbitration and CRICA arbitration under the contract. This occurred notwithstanding the different paradigms of the two types of arbitration. What is less clear is whether…
…was significant focus on arbitration as a means of supporting Uzbek investment, development, and effective international dispute resolution. Throughout the Forum speakers discussed the role and future of arbitration, international…
