…party or the funded party’s legal representative to give control or conduct of the arbitration to the third party funder.7) Paragraph 2.9 of HK Code The EW Code states that…
…in investment protection. The article addresses the compatibility of the new system with EU law as any violation of the autonomy of EU law would not be optimistic to its…
…Federal Law No. 6 of 2018 on Arbitration (the New Arbitration Law). Previously, arbitration in the UAE was governed by articles 203-218 of Federal Law No.11 of 1992 on the…
…Divisions 3 and 5 of the new Part 10A of the Arbitration Ordinance (Amendment Ordinance): these sections expressly permit the use of third party funding for arbitration in Hong Kong….
…Arbitration (2019) 98. It has been suggested that the private enforcement of EU competition law claims through arbitration has given rise to the formation of supranational arbitration, a new type…
…Senate. The USMCA eliminates investor-state arbitration between the U.S. and Canada, while allowing investor-state arbitration between the U.S. and Mexico. However, USMCA’s provisions are more restrictive than those found in…
…by the Singapore International Arbitration Centre (SIAC), which offers a step-by-step breakdown of an arbitration under the institution’s Rules. Of course, there is also technology, such as video conferencing, recommended…
In December 2017 South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act). The New…
…the FTAs, investors’ claims may still be submitted according to the ICSID or UNICTRAL Arbitration Rules (or any other rules on agreement of the parties) whilst the ICSID Secretary General…
…Rules The new ICC Rules, in effect since 1 March 2017, encompassed a number of revisions. As a reaction to the revision of arbitration rules in the various Asian arbitration…
…rules of law should or should not apply to their international contracts. Contract governance structures should, nonetheless, also appeal to adjudicators – in particular judges and arbitrators – who might…
…head off its zombie corpse, then the Declaration of the Representatives of the Governments of the Member States of 15 January 2019 on the legal consequences of the Judgment of…
…to reshape the arbitration process. Where to Start when Thinking about the Use of Blockchain in Arbitration? A starting point in an arbitration-blockchain discussion inevitably begins with defining, and more…
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
…few days before the event, of the Rules on the Efficient Conduct of Proceedings in International Arbitration (also referred to as the Prague Rules) and developments in the use of…
This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the…
…by the Regulation of the CCJA on Arbitration and the Uniform Act on Arbitration. Sami TANNOUS, Matei PURICE, Mohamed KHANATY, The New UAE Federal Arbitration Law: Was it Worth the…
…their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre (“HKIAC“) introduced its new Administered…
…final; The interim order is issued based on a valid arbitration agreement; Both parties were offered the opportunity to present their case in the arbitration; and The interim order does…
…for binding arbitration “in accordance with the arbitration rules of the American Arbitration Association.” Rule 6 of the Commercial Arbitration Rules of the AAA has a competence-competence provision, stating the…
…the process can become a vicious circle: arbitration leads to a criminal probe, which can in turn reinforce defenses in the arbitration, and even launch new civil actions against the…
Last year was a busy one for arbitration practitioners in Australia and New Zealand, and 2019 looks set to be even busier. In 2018, both countries initiated a range of…
…investment arbitration and inter-State arbitration in the Middle East. The second panel, chaired by Lara Hammoud (Senior Legal Counsel at Abu Dhabi National Oil Company), and composed of Emily Beirne…
…considered as one of them. In light of the proposal for new ICSID Arbitration Rules, a discussion about the use of provisional measures in the context of ICSID-based arbitration, under…
