…the “English way” of conducting international arbitration, and, in this context the role of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration. Related to this, Andrew…
…legal order; whether the ISDS provisions under CETA are compatible with the principle of equal treatment; and whether the court system provisions under CETA are compatible with the right of…
…on the arbitration of financial services disputes from the perspective of the LCIA. In terms of numbers, the significance of arbitration is not at all neglectable for this sector. Namely,…
…on? My joining the LCIA coincided with the launch of the 2014 LCIA Arbitration Rules. While it was a steep learning curve, the arrival of the new Rules formed a…
…the merits due to the arbitration clause. The courts declared the dispute resolution clause (both the arbitration and “prorogation” parts) invalid referring to the Sony Ericsson case. They concluded that…
Despite the variety of investment treaty disputes involving assets in the Post-Soviet jurisdictions in Central Asia, assessment of damages in each particular case is often heavily debated by the parties,…
The growing repository of international commercial arbitration case data maintained by Dispute Resolution Data (DRD) is designed to enable practitioners to use analytical tools, ranging from simple to complex, for…
…immunity from jurisdiction both in respect of arbitration proceedings and any subsequent recognition and enforcement proceedings by agreeing to arbitration under the BIT. Secondly, the cassation court concluded that the…
…the State had not breached such obligation In 2017, Conecta commenced a commercial arbitration seated in Buenos Aires against Uruguay under the Rules of the International Chamber of Commerce (ICC),…
…new models of Bilateral Investment Treaties, such as the Dutch Model Bilateral Investment Treaty; (ii) the amendment process of the Arbitration Rules of the International Centre for Settlement of Investment…
…a benefit for Mexico that the USMCA was concluded. International investment arbitration is in the process of changing and USMCA is an example of the new provisions that are being…
…EU law would only be breached if the CETA Tribunal could (i) interpret and apply EU rules other than the provisions of the CETA or (ii) issue awards having the…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Africa. The Assistant Editor reports directly to the coordinating…
…arbitration. Hong Kong also has specialized maritime arbitration centres and organizations such as the China Maritime Arbitration Commission Hong Kong Arbitration Center and the Hong Kong Maritime Arbitration Group to…
…Sign an Arbitration Agreement and Article II(2) of the New York Convention”, ICCA Congress Series No: 9, 1998, p. 90; Gary Born, International Commercial Arbitration, Kluwer Law International, 2014, p….
…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…a foreign-seated arbitration are not enforceable in mainland China either. Given this regime, a party entering into an arbitration agreement with a potential need for interim relief in mainland China…
…arbitration. Save for a few Commonwealth jurisdictions, international commercial arbitration is not fully developed. In most jurisdictions, the arbitration legislation is outdated and contains obsolete provisions that are wholly unsuitable…
…in recognition of the diversity of witness conference procedures, the provisions adopt non-mandatory language throughout. The Guidelines apply both to factual and expert evidence. However, the drafters recognize that “[i]n…
…day, with the IA-CEPA containing numerous provisions concerning the procedures that will apply in future ISDS proceedings under that treaty. Following the conclusion of IA-CEPA negotiations in 2018, Australia’s Labor…
…settlements? The VIAC Rules 2018 have three parts: Rules of Arbitration (part I), Rules of Mediation (part II) and Annexes (part III); this means that arbitration and mediation now are…
…of corruption allegations in international investment arbitration following the Metal-Tech and Spentex awards. In the aftermath of those awards, the field of investment arbitration has had to grapple with a…
…to raise – in due time during the arbitration – objections as to the validity of the arbitration agreement in article 9 of the Belgium-Luxemburg Economic Union (BLEU)-Poland BIT, which…
The OECD Secretariat launched, in 2018, a “FDI qualities project”. Its objective is to provide governments with a tool kit to attract investment that contributes as much as possible to…
