…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…
…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…
