2019 In Review: A View From North Africa
…new amendments to the rules of the Egyptian Sports Arbitration Center. Nonetheless, on 24 December 2019, the Egyptian Court of Cassation decided to refer relevant provisions of the Rules of…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Macau Ups Its Game: A Discussion on the New Arbitration Law 2019
…disputes. In this vein, Macau published a new arbitration law, Law no. 19/2019 (the “New Arbitration Law”) on 5 November 2019, which will come into force on 4 May 2020….
Dual Nationals, International Investment Arbitration, International Law, Jurisdiction of the arbitral tribunal, Venezuela
The Passports’ Game: Chronicle Of A Foretold Death For Dual Nationals’ Claims
…proceeding according to the ICSID Arbitration Additional Facility Rules,” the dispute shall be submitted to an ad-hoc proceeding under the UNCITRAL Rules. Based on these provisions, Venezuela submitted a ratione…
Unpacking the Singapore Court of Appeal’s Determination of Proper Law of Arbitration Agreement in BNA v BNB
…the seat, being Singapore law, because: (i) the arbitration agreement, in providing for “arbitration in Shanghai”, should naturally be read to be a choice of Shanghai as the seat (and…
The Role of Precedent in ISDS: Can Decisional Law Contribute to the Creation of Customary Norms?
…on the motives of both the government and its legal representatives in making various submissions. Possible Superior Role Some posit that ISDS decisions generate the best statement of what…
The Contents of the Brazilian Arbitration Journal, Volume XVI, Issue 64 (December 2019)
…Monteiro reports the highlights of the IV International CBMA Arbitration Congress; Bruno Guandalini comments the XVIII International Arbitration Congress of Brazilian Arbitration Committee, which took place from August 22 to…
2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA
2019 in Review: Latin America and Investment Arbitration
…specific treaty and the UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration is received by the respondent and, second, at the date…
The BIT Footprints of Emerging Market Economies in Africa: What Do They Portend for ISDS?
…in international investment law rule-making and about future trends in investment treaty arbitration. BITs Between African States and New Southern Partners: The Emerging Landscape A review of the BITs…
New Year’s Quiz Answers, Winner…
…counsel retained by the parties”. The Prague Rules on the Efficient Conduct of Arbitration, which draw heavily from certain domestic practices of civil-law jurisdictions, expressly incorporate iura novit at Article…
The Dawn of a New Era for Arbitration in Pakistan? Highlights from the Inaugural Conference of CIICA’s Young Arbitration Group
On 15 and 16 November 2019, the Centre for International Investment and Commercial Arbitration (CIICA), organised a conference in Islamabad, Pakistan celebrating the inauguration of its Young Arbitration Group (YAG)….
Change of Clean Energy Rules in Mexico: Potential Impact for Investors
…Clean Energy Certificates (the “New Guidelines“). Under the New Guidelines, the state-owned Legacy Power Plants can now acquire CELs –without the previous condition of making an investment to increase their…
Investment Arbitrations Ready to Land at Florence Airport?
…passenger flow and corollary revenue – may “prepare the ground” for an investment arbitration dispute between Argentinian and Emirati investors and Italy. Background In 2009, the then Mayor of…
The Contents of the Asian International Arbitration Journal, Volume 15, Issue 2
…the use of arbitration within Australia’s wider legal framework for dispute resolution. This article considers some of the highlights from the 2018 to 2019 financial year case law involving arbitration….
2019 In Review: A View From the United Arab Emirates
…Code (Federal Law No.11 of 1992) applicable to arbitration, and any other provisions contrary to the Federal Arbitration Law. During 2019, our authors focused on the developments that have arisen…
The Contents of the ASA Bulletin, Volume 37, Issue 4 (December 2019)
…settled’: A pathological yet curable agreement to arbitrate? This article focuses on the interpretation and legal consequences of pathological arbitration clauses providing for arbitration “if any”, “if required” or “to…
2019 in Review: Investment Arbitration in Europe
…in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on Proposals for the ICSID Arbitration Rules Amendments in late…
Arbitration Agreement, Arbitration Agreements, IBA Guidelines on Conflicts of Interest, Party appointed arbitrator, selection of arbitrators, UNCITRAL Model Law
Appointment of Sole Arbitrator: Can a Modified Asymmetrical Arbitration Clause Avoid Court Appointment?
…only comes into play once the arbitral tribunal has been formed and concerns only the manner in which the tribunal is expected to conduct the arbitral proceedings. Asymmetrical arbitration clauses…
Intra-EU Investment Reform: What Options for the Energy Charter Treaty?
…on intra-EU investor-state arbitration under the Energy Charter Treaty (ECT) remains disputed. Twenty-two Member States declared that intra-EU arbitration under the ECT was equally incompatible with primary EU law and…
Oded Besserglik v Mozambique: The BIT Was Not In Force, Who’s To Blame?
…Arbitration (Additional Facility) Rules (“Arbitration Rules”)? Did Mozambique waive its right to raise such a jurisdictional objection, in accordance with the Articles 33 and 34 Arbitration Rules? Despite such delay,…
The Coming of Age of Institutional Arbitration Rules in Iran: An Analytic Overview of the ACIC Rules
…formation of the ACIC (the “ACIC Rules”), the ACIC launched its own arbitration rules designed for cost and regulations on organization. The ACIC Rules now consist of Rules of Arbitration,…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court
Interviews with Our Editors: The Energy Charter Treaty: Discussing Modernisation and Challenges with Dr. Alejandro Carballo, General Counsel, Energy Charter Treaty Secretariat
Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT)…
Extension of Arbitration Agreements to Non-Signatories in Switzerland: The Supreme Court Sticks to Her Guns
…here) could also apply in relation to Article II of the New York Convention (“NYC”). In this case, the underlying dispute concerned a distribution agreement between a Slovenian company, as…
2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership
2019 in Review: Australia, New Zealand and the Pacific
…months. It focuses on several domestic arbitration law reform efforts and on important developments in respect of investor-State arbitration. Domestic Arbitration: Legal Developments and Reforms 2019 saw some important…
Applications for Extension of Time for Passing the Award in India: Which Court to Entertain?
…jurisdiction. (b) In the case of an arbitration other than an international commercial arbitration, the principal Civil Court of original jurisdiction in a district and includes the High Court in…