…applied the repealed principle of legality under the former arbitration law “On Arbitration Courts” which is arguably incorrect. However, on 16 May 2017 the Supreme Court of Kazakhstan reversed the…
…arbitral award in the U.S. District Court for the Southern District of New York after it had been annulled in the courts of Nigeria (Esso Opinion). In the arbitration proceedings,…
…returned to arbitration. Although slowly, discourse on arbitration, over the past six years, has grown so much that the arbitration circuit’s chatter is now audible even outside Afghanistan. Interestingly, this…
…population and the continued functioning of its public services have been accepted as constituting ‘essential interests’ in investment treaty arbitration (see National Grid v Argentina, §245). The measure must not…
…of the sub-factors of ‘formal legal structure’ and ‘national arbitration law’ that disputing parties consider before choosing a seat of arbitration. Indeed, the ability of disputing parties in arbitration to…
…to Counterclaims in Existing Investor-State Arbitration Decisions Tribunals to date have either opined that the consent under the relevant BIT did not include in principle claims by the host state…
…for costs as a sufficiently efficient mechanism for averting frivolous claims. Accordingly, dealing with frivolous action in investor-state arbitration under the UNICTRAL framework arguably requires a more holistic approach. In…
…of the treaty. The Secretariat finds that the arbitration law of the place of arbitration determines whether a decision constitutes an award. This is not correct: it is the lex…
…arbitration follows the commercial arbitration paradigm, with disputing parties playing a direct role in the composition of the tribunal. This is perceived as a tool of control over the arbitrators’…
…a fair and efficient resolution of the dispute (Report, §101). The representation of the participating States and the nomination of candidates (by participating States, by an independent entity or by…
…meetings. These include issues associated with the duration and cost of investor-State arbitration proceedings, and related issues such as security for costs; issues of predictability and consistency between arbitral decisions;…
…Arbitration Club’s Code of Best Practices in Arbitration here). Discretionary Rules: The 2013 IBA Guidelines on Party Representation in International Arbitration The 2013 IBA Guidelines on Party Representation in…
…aimed to provide an opportunity for female professionals in the Korean arbitration community to network with their industry peers and work to advance their position in arbitration. This post provides…
…Tribunal or a permanent arbitration institution rests with the parties, however, there are 2 important conditions: i. The purpose of the arbitration is to decide on interpretation of this treaty…
…one long distance flight for every arbitration would result in significant carbon savings, as would eliminating hard copy submissions. The Committee looked at a “Green Arbitration.” This involved changing the…
…arbitration is to decide on the interpretation of the treaty or observance by a country of the terms of the treaty. It further clarifies that the SSDS arbitration tribunal shall…
…or during arbitration albeit the existence of an arbitration agreement. Article 6(3) also allows the parties to seek for court assistance in case the emergency measure was sought in arbitration,…
…written declaration. The UN website only lists two declarations accepting compulsory arbitration under the UNFCCC, from the Netherlands and the Solomon Islands, and the “annex on arbitration” detailing the appropriate…
…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…
…in the ISDS system, as Egypt was avoiding any potential implications jeopardizing the loan agreement such as a large investment arbitration award or an indication that Egypt is denouncing its…
…claimant to satisfy costs awards should it prove unsuccessful in the proceedings. The amendments appear to balance such concerns against the potentially desirable role of third-party funding in investment arbitration….
…result, international arbitration will be curtailed not only where the virus is present but where it may be spread. Essentially, everywhere. Nearly all major arbitration institutions have adopted precautionary measures,…
Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in…
…on the prevailing party in the arbitration: the purpose of the New York Convention is to contribute to the effectiveness of international arbitration. Another US District Court analyzed the court’s…
