…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…
…institutions, the ICC introduced key changes focused on a new expedited procedures for small claims. Article 30 of the ICC Rules states that the expedited procedures provisions automatically apply to…
…LCIA Rules and how the LCIA deals with tribunal secretaries. DAY 2 (6 NOVEMBER 2018) Expedited Procedures in Arbitration Day two of the conference was opened by a distinguished panel…
…arbitration – such as consumer arbitration, if there is no legal prohibition to such arbitration – are more likely to be characterised by information asymmetry. For example, consumer arbitration is…
…for having given a legal opinion or pleaded for any of the parties in the case. The new UAE Arbitration Law has shifted the standard of disclosure required for arbitrators,…
…arbitration, holding that in compulsory arbitration all guarantees provided for in Article 6(1) ECHR must be safeguarded under all circumstances. In contrast, if parties voluntarily consent to arbitration proceedings, those…
…and relevant to the MENA region, such as the new UAE arbitration law, new arbitration institutions (Delos Dispute Resolution), and developments in Africa. This blog post briefly covers some of…
…balancing act between the requirements of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (enacted in Part III of the Arbitration Act 1996); or, in…
