…on the Conduct of the Arbitration under the ICC Rules of Arbitration (Note). The Note, which came into effect from 1 January 2019, introduces a number of significant updates to…
…the BIBC, for instance, will be based on the UNCITRAL Model Law on International Commercial Arbitration, thus offering many features traditionally associated with arbitration. Costs As regards the costs of…
…proceedings. For a long time, Indian arbitration law had been providing such incentives for a party to make frivolous objections to the arbitration agreement or the arbitral award. The Law…
…2018, the Arbitration Cloud Platform was upgraded to a newer version. Compared with the traditional arbitration, my view is that GZAC’s online arbitration is more cost-effective and efficient because: (i)…
…resolved by arbitration as per Singapore Contract Rules. The clause did not specify the place of arbitration, mechanism for constituting the tribunal, or the applicable arbitration rules. Nonetheless, the court…
On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were released. (For related posts on the Prague Rules on Kluwer Arbitration Blog…
…autonomy, which is considered the foundation of arbitration, and the flexibility of arbitration procedure, which is a key factor of arbitration’s success as an internationally preferred method of dispute resolution….
In November 2018, the former director of the Asian International Arbitration Centre (AIAC) in Kuala Lumpur resigned from his role after being arrested on suspicions that he paid past and…
…officials, discussed the development of and approaches to international arbitration and ISDS in Latin America, and how these are influenced by divided global political stances. Traditionally, Latin America has been…
…the scope of the arbitration agreement, since the tribunal did not rule in accordance with Colombian law, as provided by the arbitration agreement; (iii) the procedure was not in accordance…
…or arbitrator have or has been appointed, the Court of Arbitration shall draw up a form of submission to arbitration which shall contain … Terms of reference, statement of the…
…award meet the conditions of recognition as per the place of arbitration’s law.4)Voser N. (Partner) and Raneda J., ‘Recent Developments on the Doctrine of Res Judicata in International Arbitration from…
A recent post discussed the upsides and downsides of the so-called Final Offer Arbitration (“FOA”) also known as Baseball Arbitration. In short, in an FOA, instead of crafting an award…
…investment arbitration, he noted that the EU Member States’ governments, most EU citizens and policy makers do not feel comfortable when arbitration is applied to a vertical public law relationship…
Arbitration in Kyrgyzstan Historically, arbitration in the Kyrgyz Republic is one of the least studied in Central Asia. Not much attention has been paid to the study of the law…
…online dispute resolution. But in 2017, in response to several significant awards against states in investment arbitration and corresponding public outcry, the WG III was re-tasked to examine the ISDS…
…institutions, international organisations, academia, civil society, arbitration users and legal practitioners presented diverse views on the need for reform of the system of investor-State dispute settlement (“ISDS”), the progress of…
…the Prototype is scheduled March 1 at Vienna Arbitration Days, with a special London Launch of the Prototype on March 4 at 6:00pm at WilmerHale. This post previews the Prototype,…
…Lab’ (2019) 36 Journal of International Arbitration, Issue 1, pp. 1–6 In 2015, the world community adopted the Paris Agreement and the Sustainable Development Goals, setting an ambitious agenda for…
…on the basis that the arbitration clause only referred to the Rules of Arbitration of the ICC and not a specific arbitration institution. Unlike the Russian case, however, where the…
Legislative Framework After much anticipation, the South African International Arbitration Act 15 of 2017 (“new Act”) was welcomed by arbitration practitioners in December 2017. The intention of the new…
…the arbitration was based on a submission agreement and not on an arbitration clause. Nonetheless, despite criticisms, in 2015, Libra Terminais and CODESP signed a submission to arbitration agreement relying…
…demonstrate. The publication last year of a draft Cybersecurity Protocol for International Arbitration by the International Council for Commercial Arbitration, the International Institute for Conflict Prevention and Resolution (CPR) and…
In June 2018, the long awaited UAE Federal Arbitration Law (Law No. 6 of 2018) entered into force, repealing the arbitration specific provisions (“UAE Arbitration Chapter”) contained in the UAE…
