On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment…
…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);…
…a very limited group of fundamental rules and not all mandatory provisions of Greek law) and (ii) dynamic (meaning that the perimeter of such fundamental rules varies from time to…
…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…
…law provisions, but are confined to interpret only CETA provisions. Moreover, the CJEU stressed that the CETA tribunals “[…] have no jurisdiction to call into question the choices democratically made…
…relevant bodies, and the recorded process for implementing the long-awaited new DIAC arbitration rules. 1. DIAC’s Structure According to Article 6 of the New DIAC Statute, DIAC consists of a…
…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…
…geographic reach. They include updates on new mediation legislation in Azerbaijan, Romania and Georgia, a detailed summary of a bold Australian research initiative on dispute resolution, and posts on the…
…provisions – Morocco’s positioning as a stable FDI portal in Africa, combined with CIMAC’s unique assets, potentiate Morocco as a hub for international arbitration. Whilst a new Pan-African Investment Arbitration…
…1) See Lin, Tsai-yu, Systemic Reflections on Argentina’s Non-Compliance with ICSID Arbitral Awards: A New Role of the Annulment Committee at Enforcement? (May 31, 2012). Contemporary Asia Arbitration Journal, Vol….
…and BITs, Ira Ryk-Lakhman (London) argued for continuity across both legal regimes. Her main proposition was that the investment treaty provisions do in fact incorporate certain rules of customary IHL…
…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,…
…that parties prefer arbitration because of its efficiency. The 2018 Survey found that enforceability of awards and avoiding specific legal systems/national courts are the most valuable characteristics of arbitration, whilst…
…legal principles, and best practices in the field – providing a microcosm for current issues and debates. Perspectives on Investment and Commercial Arbitration An all-star program, called International Arbitration and…
…arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration (lightly amended) in ways that…
…operator. These battles are playing out in the London Court of International Arbitration (“LCIA”) and in the court rooms of a few other jurisdictions around the world. These two explanations…
…International Commercial Arbitration. 2nd ed. Kluwer: The Hague, 2014, p. 1.077-1.215; ERK, Nadja. Parallel Proceedings in International Arbitration: A Comparative European Perspective. The Hague: Kluwer, 2014, p. 25-70; BERMANN, George…
