…ISDA Arbitration Guide, which builds on the earlier edition by providing an expanded range of “ISDA-fied” model arbitration clauses for a larger number of arbitration institutions and seats around the…
…the Federal Arbitration Act (“FAA”). Section 4 of the FAA mentions that courts should refer the parties to arbitration upon being satisfied that a valid arbitration agreement existed. However, as…
…for arbitration and refrains from objecting to the jurisdiction. Comment If the CJEU finds that the principles of commercial arbitration – including party autonomy – apply in cases where…
… The ICDR offers its users Optional Appellate Arbitration Rules. How does this process work? On November 1, 2013, the AAA introduced new Optional Appellate Arbitration Rules. These Rules were…
…underlying principle in an arbitration agreement, the procedure laid down in the arbitration clause cannot be permitted to override considerations of impartiality and fairness in arbitration proceedings. The HC squarely…
…in light of the advent of new technologies and their promise of decentralized, trustless justice by way of blockchain ‘arbitration’. Theoretical Frameworks Legal Sociology scholarship has identified various theories…
…2019. was coined, while addressing the diversity issue in international arbitration highlighting the significance of all factors that contribute to a proper adjudication of a dispute. The international arbitration fraternity…
…for a stranger (i.e. a third party that is not party to the arbitration agreement) to apply for an anti-arbitration injunction to restrain arbitral proceedings arising from the arbitration agreement….
…of arbitration in an ad hoc arbitration clause. The court intervention provision contained in Article 6 of the Armenian Arbitration Act (“Act”) referred to the court of the place of…
…arbitration and State-to-State arbitration (both based on bilateral treaties), and even an arbitration between Cyprus and Turkey based on a multilateral treaty binding the two countries and covering the subject-matter…
…provisions regulating arbitration under the c.p.c. apply. On the basis of this wording, it is argued a contrario that the provisions of the c.p.c. on arbitration, including Article 818 c.p.c.,…
…contained in ‘Chapter V. Conduct of Arbitral Proceedings’ and, therefore, can be said to apply only to treatment and conduct during arbitral proceedings. This seems to be the understanding of…
…Fouchard Gaillard Goldman on International Commercial Arbitration (Wolters Kluwer, 1999) at 434. ↑6 Joachim G. Frick, International Arbitration Law Library: Arbitration in Complex International Contracts (Wolters Kluwer, 2001) at 60;…
…major institutional rules and arbitration laws encourage tribunals and parties to conduct arbitrations in an efficient and cost-effective manner. This implicitly includes the use of electronic tools: the use of…
…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…
…was “not to insulate the arbitration agreement from the substantive contract for all purposes”) and it is difficult to see how a separable arbitration agreement could apply to a dispute…
…rules to this situation. This allowed the court to avoid discussing the relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal…
…and (2) cybersecurity measures for the arbitration should be ordered. Does the GDPR apply to an arbitration seated outside the EU? The first question likely to be asked in…
A 3-day International Conference on Construction Law & Arbitration was held in December 2019 in New Delhi, co-hosted by the Society of Construction Law-India and the Chartered Institute of Arbitrators-India….
…International Arbitration and the approach of the Paris courts (Paris being the seat of the arbitration), which is also that an arbitrator comes under a continuing duty to disclose details…
…meeting its treaty commitments. A standing body comprised of representatives of the E3/EU+2 (the U.S. withdrew from the treaty on 8 May 2018) and Iran, the Joint Commission meets on…
…investor-state mediation rules, Frauke Nitschke summarises the latest draft of ICSID’s rules for investor-state mediation, which were published in August 2019. Frauke outlines the scope of these rules and their…
…arbitration to effectively delay the settlement of legal rights or access to justice. In essence, the provision not just runs afoul of the objects and purpose of arbitration, but also…
…Arbitration and Mediation Centre’ (Article 91). Update of the Moroccan Arbitration Legislation Morocco is currently adopting a new standalone arbitration and mediation act detached from the current code of…
