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Anti-arbitration, Arbitration Agreements, Asia-Pacific, BIT, Consent, Courts, ILC Articles on State Responsibility, India, International arbitration, Investment Arbitration, UNCITRAL, UNCITRAL Arbitration Rules

Indian Courts’ First Brush with Investment Treaty Arbitration: Taking Some Lessons from the Calcutta High Court

Bhushan Satish (Willkie Farr & Gallagher) and Shreyas Jayasimha (Aarna Law)/March 16, 2015August 19, 2017 /Leave a comment

…this BIT Arbitration is administered under the UNCITRAL Rules. The Port Trust commenced proceedings under Section 45 of the Act before the Calcutta High Court seeking an injunction against LDA,…

Uncategorized

Model Bilateral Arbitration Treaty Released for Public Comment

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/March 13, 2015 /8 Comments

WilmerHale

…UNCITRAL Arbitration Rules, providing an expert, efficient and enforceable means of resolving commercial disputes when nationals from contracting states had not agreed upon an alternative means of dispute resolution. Awards…

Energy Charter Treaty, Expropriation, Foreign Investment Law, Investment Arbitration

Mongolia’s Meddling in Mining Operations will Cost it $100 Million

Yancy Cottrill (Staff Attorney at Congress of the Federated States of Micronesia)/March 12, 2015 /2 Comments

…Nuclear Corporation (CNNC), which is owned by the Chinese government. The dispute The ad hoc arbitral tribunal (Tribunal), which had been constituted under the UNCITRAL Arbitration Rules, held that the…

Arbitrators, Unrepresented Parties

Do Arbitrators Have A Special Duty Towards Unrepresented Parties?

Henri C. Alvarez (Fasken Martineau DuMoulin LLP)/March 11, 2015 /3 Comments

…jurisdiction or failure to observe the rules of natural justice. By virtue of section 22(1) of the Act, the Domestic Commercial Arbitration Rules of Procedure of the BCICAC apply to…

European Law, European Union, Investment, Investment Arbitration, Investment protection

Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements

Maximilian Clasmeier (White & Case LLP)/March 11, 2015 /Leave a comment

…Netherlands and the Slovak Republic, the claimant initiated arbitral proceedings on 1 October 2008 pursuant to the UNCITRAL Arbitration Rules. The parties designated the Permanent Court of Arbitration in The…

Emergency Arbitrator, ICC Arbitration, Investment Arbitration, SCC Rules

Emergency Arbitrators in Investment Treaty Disputes

Joel Dahlquist (Arbitration Chambers)/March 10, 2015 /Leave a comment

…Rules or the ICC Rules without specifying which edition of the rules, this reference is generally interpreted as a presumption for the rules in force at the time of request…

Awards, Expedited arbitration, Singapore, Singapore International Arbitration Centre

AQZ v ARA: Singapore High Court Upholds Award Made under SIAC Expedited Procedure

Gary B. Born and Jonathan W. Lim (Wilmer Cutler Pickering Hale and Dorr LLP)/March 9, 2015 /Leave a comment

WilmerHale

…focus of this post. ↑3 (2012) 1 SAA 97. ↑4 2012 Swiss Rules, Article 42.2(b)-(c). ↑5 2013 HKIAC Rules, Article 41.2(b). ↑6 2014 ICDR Rules, International Expedited Procedure, Article E-6….

China, Foreign Investment Law, Uncategorized

To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts

Lijun Cao (Zhong Lun Law Firm)/March 6, 2015 /1 Comment

…in support of arbitrations conducted at domestic institutions. There is also scope within the CIETAC Rules to tailor the arbitration to the parties’ needs, for example, by the parties appointing…

Courts, Ecuador, Final Award, judicial remedies

Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism

Camilo Muriel-Bedoya (Pérez Bustamante & Ponce)/March 5, 2015 /Leave a comment

…application of inappropriate ordinary rules and remedies against arbitration, creating a further constitutional challenge-regime through a constitutional action which was never intended to by applied against arbitration nor to pre-arbitral…

Arbitration clause, Dubai, Enforcement of an arbitration clause, Middle East, UAE, Unilateral Clauses

Unilateral Option to Arbitrate: Valid in the UAE?

Richard Ashmore (Herbert Smith Freehills)/March 4, 2015 /Leave a comment

Herbert Smith Freehills

…arbitration shall be resolved in accordance with the rules of the DIFC-LCIA Arbitration Centre (the “Rules”) which are deemed to be incorporated by reference into this Clause. The tribunal shall…

Class arbitration, ICSID Arbitration, ICSID Convention, Investment Arbitration

Mass Claims in Investment Arbitration- The Need of the Hour

Deepu Jojo Sushama (Association for International Arbitration)/March 4, 2015 /Leave a comment

…arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question”. In the case of Abaclat…

Arbitration clause, Arbitration Clause Incorporated by Reference, New York Convention

Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts

Alessandro Villani (Linklaters)/March 3, 2015 /Leave a comment

Linklaters

…much extensive to admit even incorporation by general reference; and, on the other hand, being a qualified commercial operator the defendant was supposed to know the standard rules referred to…

Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics

SIAC Announces a New President and Releases its 2014 Results

Lynne Atherton (Singapore International Arbitration Centre)/March 2, 2015 /Leave a comment

YSIAC

…enhance SIAC’s standing as a preferred forum for investment disputes, the SIAC Rules 2013, which were introduced in April 2013, specifically provide that a party may commence an arbitration in…

BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership

A Question of Democracy: The German Debate on International Investment Law.

Stephan Schill (General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/March 2, 2015 /2 Comments

Institute for Transnational Arbitration (ITA)

…question. The Need for Democratic Endorsement of Investment Rules Whether Canada and the EU can live with the CETA investment chapter both in respect of their defensive and offensive interests…

Arbitration, Construction arbitration, Dispute Resolution Boards

Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations

Paul Taggart (Dispute Resolution Board Foundation)/February 28, 2015 /3 Comments

…development as the CIArb in producing its rules; demonstrated the growing usage and need for tailoring the rules according to demand. The most significant aspect of the recent rules is…

Ad hoc arbitration, Arbitration, ICSID Arbitration, Statistics, UNCTAD

Looking behind the Statistics for Investment Arbitration

Esmé Shirlow (Associate Editor) (Australian National University)/February 24, 2015 /1 Comment

…Convention and Additional Facility (AF) Rules. Of these: 54% (some 260 cases) involved a claimant that was from an EU Member State; and 12% (55 cases) involved a respondent State…

Arbitration Agreements, Germany, New Zealand

Arbitration Agreement the New Zealand Way

Petra Butler (Institute of Small and Micro States)/February 23, 2015 /Leave a comment

…evidence that an arbitration agreement under the 1996 Act encompassed more than just the formal submission of the dispute to an arbitral tribunal. Furthermore, several procedural rules in Schedule 1…

DIFC, Domestic Courts, Dubai, Gulf Cooperation Council (GCC), Kuwait, UNCITRAL Model Law

Arbitration in Kuwait: Time for Reform?

Dalal Al Houti/February 20, 2015 /1 Comment

…rules may be used with the DIFC as a seat).). The DIFC Arbitration Law No. 1 of 2008 is based upon the UNCITRAL Model Arbitration law which makes it more…

Arbitration, Arbitration Act, Australia, Commercial Arbitration, Domestic Courts

What is an Arbitration, and Does it Really Matter? (An Australian Perspective)

Esmé Shirlow (Associate Editor) (Australian National University)/February 19, 2015 /Leave a comment

…“arbitral” rules. The decision thus indicates that tribunals operating under certain rules are more likely than others to meet the definition of “arbitral tribunals” for the purposes of the Act….

China, CIETAC, Consolidation, Joinder, Summary procedure

CIETAC’s New Arbitration Rules 2015

James Rogers (Norton Rose Fulbright LLP) and Matthew Townsend (Fangda Partners)/February 17, 2015September 17, 2019 /Leave a comment

…1 January 2015. These replace CIETAC’s 2012 Rules (the 2012 Rules). The 2015 Rules introduce procedural innovations adopted in past years by bodies such as the Hong Kong International Arbitration…

Appeal, Arbitration Agreements, Burden of proof, Court of Arbitration for Sport, Domestic Courts, European Union, Germany

Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal

Peter Bert (Taylor Wessing)/February 16, 2015 /Leave a comment

…Plate and Atlético Excursionistas, two clubs from Buenos Aires where Sergio Sagarzazu had played as a youth, claimed EUR 160,000 in total in training compensation under FIFA’s rules. When SV…

Arbitration, Book Review, Investment Arbitration

Introducing Litigating International Investment Disputes – A Practitioner’s Guide

Chiara Giorgetti (Richmond School of Law)/February 13, 2015 /Leave a comment

Institute for Transnational Arbitration (ITA)

…rules on applicable law in investment proceedings, and then the application of substantive law in practice. Key evidentiary issues that arise in the investment arbitration context are addressed and explained…

BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK

Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?

Joanne Greenaway/February 11, 2015 /Leave a comment

…chapters in TTIP, the TPP and CETA, as well as the UNCITRAL Transparency Rules 2013 – already go a long way to addressing such issues. The balance of rights in…

Arbitration, Arbitrators, Surveys

A Recent Survey of Experienced U.S. Arbitrators Highlights Areas for Further International Study and Discussion

Thomas J. Stipanowich (Pepperdine University School of Law)/February 6, 2015 /1 Comment

Institute for Transnational Arbitration (ITA)

…arbitrators have extensive experience with tripartite arbitration, streamlined or fast-track processes, ad hoc arbitration, and arbitration under non-administered rules, and some have arbitrated under final-offer, appellate, and emergency procedures. Some…

Kluwer Arbitration Blog

Search Results for: prague rules

Model Bilateral Arbitration Treaty Released for Public Comment

Mongolia’s Meddling in Mining Operations will Cost it $100 Million

Do Arbitrators Have A Special Duty Towards Unrepresented Parties?

Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements

Emergency Arbitrators in Investment Treaty Disputes

AQZ v ARA: Singapore High Court Upholds Award Made under SIAC Expedited Procedure

To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts

Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism

Unilateral Option to Arbitrate: Valid in the UAE?

Mass Claims in Investment Arbitration- The Need of the Hour

Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts

SIAC Announces a New President and Releases its 2014 Results

A Question of Democracy: The German Debate on International Investment Law.

Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations

Looking behind the Statistics for Investment Arbitration

Arbitration Agreement the New Zealand Way

Arbitration in Kuwait: Time for Reform?

What is an Arbitration, and Does it Really Matter? (An Australian Perspective)

CIETAC’s New Arbitration Rules 2015

Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal

Introducing Litigating International Investment Disputes – A Practitioner’s Guide

Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?

A Recent Survey of Experienced U.S. Arbitrators Highlights Areas for Further International Study and Discussion