…three hours, the panelists discussed the new investment law landscape following the signature of the USMCA. Main Differences Between the Old and the New NAFTA USMCA developments have been previously…
…(a). The rules of arbitration of the Milan Chamber of Arbitration (CAM) include a Code of Ethics regulating the conduct of all arbitrators appointed under the CAM Rules. Art. 12…
…the fundamental rule that provisions of Limitation Act would apply for computation of time period prescribed by any special law only to the extent it is not expressly excluded. The…
Section 16 (1) of the Arbitration and Conciliation Act, 1996 [“the Indian Act”] confers power upon the arbitral tribunal to decide on matters relating to its jurisdiction. Under section 16…
…the 1988 Spanish Arbitration Act. The BAA adopts the monism regime, which means that its provisions apply equally to international arbitration and domestic arbitration. However, the Act is considered modern,…
…(Understanding on Rules and Procedures Governing the Settlement of Disputes, arts. 4.4, 4.7). Also, the DSU rules govern notice, consultations, discovery, panel establishment and proceedings, and report circulation. Furthermore, the…
…outstanding, the Supreme Court rejected India’s set-aside appeal to an interim arbitral award in a satellite telecommunications dispute with Deutsche Telekom. In the UNCITRAL arbitration with seat in Switzerland, the…
…presiding member expertise. PROPOSED LANGUAGE IN AN ARBITRATION CLAUSE The following language, based heavily on language suggested by the London Court of International Arbitration (LCIA) in its Model Arbitration Clause,…
…her own personal experiences, including her first arbitration job at a boutique arbitration firm in Madrid. Ana highlighted the importance of new learnings and mentoring: “Sometimes, you are too young…
…pro-arbitration laws and the rules of their leading institutions, which is to be preferred as an arbitral seat? Starting with Singapore, the little city-state is on steroids when it comes…
… Costs in International Arbitration Costs in arbitration usually fall into two broad categories: (i) costs of the arbitration (i.e. the costs of the tribunal and institution (if any)), and…
…International Arbitration Centre (HKIAC) d. International Court of Arbitration of the International Chamber of Commerce (ICC) e. North Antarctic Arbitration Court of McMurdo Sound (COLD) 4. Know your arbitrator!…
…the other treaties by using a different sort of seeds for CETA and EU-Vietnam FTA. The Commission replaced several important DNA bits of investment arbitration with DNA new bits, such…
Commensalism of IIL Critique While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (investment) law…
…Redfern and Hunter on International Arbitration, p. 120; Lew, Mistelis and Kroll, Comparative International Commercial Arbitration, pp. 210, 215 , in the sense that arbitrators can rule on these matters,…
…the scope of its arbitration provisions. By excluding the State from being subject to such provisions, the Federal Congress sought, at that time, to uphold a perceived advantage for the…
…the country signed five new Bilateral Investment Treaties (“BITs”). With these, it would seem like the country is opening up and attracting foreign investors. However, since the new government came…
…it would circumvent any delays and set the momentum for institutional arbitration in India. The Committee has however ignored the provisions of Section 18 of the English Arbitration Act, 1996…
…F. 3d 357 (5th Cir. 2003), in Yearbook Commercial Arbitration XXIX (2004), (no 482), at 1262-1297. ↑3 M. Paulsson, “The New York Convention in Action” (Kluwer 2016), p. 205, footnote…
…approach in ensuring diversity, equality and inclusion in international arbitration, one of the main issues highlighted by the 2018 Queen Mary/White & Case International Arbitration Survey. Kluwer Arbitration Blog also…
…opposing arbitration before the High Court. Specifically, the court was referred to the Advocate General’s argument that allowing arbitration would undermine EU law, including by causing the fragmentation of the…
…IBA Guidelines for Drafting International Arbitration Clauses, all recommend that arbitration clauses specifically identify the “place” or “seat” of arbitration.7) See also Born, International Commercial Arbitration, at 2124 (“It is…
…in the year, our authors homed in on the U.S. Federal Arbitration Act (FAA), which embodies U.S. arbitration law, including the New York Convention. As one of our authors wrote,…
…arbitration agreement. The audience pointed out that there are arbitration chambers in the United States of America, such as JAMS (Judicial Arbitration and Mediation Services), that provide standard clauses…
