…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…
…expropriation. Commentary of the New Bolivian Arbitration Act of 2015 José Ricardo Feris noted the New Bolivian Arbitration Act contains an investment arbitration chapter. But it must be noted that…
…above (non-exhaustive) considerations are of paramount concern since the law of the forum will impose upon the parties a legal framework that provides for certain rules to be followed. This…
…the new 2018 HKIAC Administered Arbitration Rules coming into force on 1 November 2018 contains such disclosure rules. Under Rule 24(l) of the SIAC Investment Arbitration Rules, the Tribunal has…
…presence of the arbitration agreement. On 10 March 2015, Hualon filed a Notice of Arbitration with SIAC. On 26 March 2015, Marty applied to the BVI court for summary judgment…
…applications for preservation measures in arbitration, for setting aside or enforcement of international commercial arbitration awards” (article 2[4] of the CICC provisions). That leaves the parties with arbitration. Though mediation…
…alone had administered more than 3,000 cases with a total combined value of US$ 4,435,535,355.20.1)Roger Rubio, María Belén Saldaña, Arbitration World (international series), Perú Arbitration P. 739, Fifth Edition, Thomson…
…If EU law were to prohibit arbitration, says the tribunal, it would concern the same subject matter as Article 26 ECT, the latter allowing for arbitration and thus being “more…
The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration will be officially launched this week (December 14). This set of rules of evidence and procedure formulated from…
…environmental counterclaim was ultimately dismissed for non-observance of the procedural requirements set forth under Article 20 and 21 of the UNCITRAL Arbitration Rules governing the proceeding(§§744-747). Also, the tribunal noted…
…but before the claim was resolved. This prevented them seeking recourse for the underlying expropriation. The claimants brought a separate arbitration, administered by the Permanent Court of Arbitration and seated…
…take a closer look at the judicial and legislative framework of the ADGM, including in particular the main provisions and the operation of the 2015 ADGM Arbitration Regulations, the institutional…
…no doubt be welcomed by both the local and international arbitration profession as an indicator of the UAE’s commitment to serving users of arbitration as an investor-friendly and arbitration-experienced seat….
…Practicalities of Cross-Cultural Arbitration, in Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends 79. The challenge in international arbitration is to satisfy both expectations: Obtaining the disclosure…
…favor of the arbitration clauses. II. Formal Requirements in International Arbitration Law The New York Convention (1958) prescribes, under its Article II(2), that the “agreement in writing” must exist in…
…New Arbitration Law, based on the UNCITRAL Model Law, by Royal Decree No. M/34 of 16 April 2012 concerning the approval of the Law of Arbitration (the “Arbitration Law”), which…
…York, administered by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and governed by New York law. Iconix commenced arbitration according to this provision. The arbitration clause…
…arbitrator. That is why for almost a decade I have been raising in my publications, both on international commercial arbitration and investment arbitration, various criteria to clear doubts about such…
…in 1996. Senior lawyers have also reported a reluctance by some to entertain security for costs applications, even though the powers have been written into LCIA Arbitration Rules since 1998….
…allegations affect the issues under consideration in the arbitration (China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101, paras. 224 and 226). This followed…
…mandatory mediation provisions in the recent mediation law until September 2019, Haris considers and responds to the reasons for the resistance to these provisions on mandatory mediation. In “Mediation Navigation…
This year ArbitralWomen (AW) celebrates its 25th Anniversary. Founded in 1993, AW is a network of women from diverse backgrounds and legal cultures active in international dispute resolution in any…
…2008 clause explicitly included such provisions but given that the new 2017 arbitration rules do so the 2018 clause removes such provisions and relies instead on those provisions in the…
…relating to bonus, quality and penalty payments arose in 1999 between Coal India and White Industries. The latter commenced arbitration under the ICC Arbitration Rules and secured an award in…
