…with the strict requirement of gazetting. Unfortunately, neither the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendment”) nor the proposed Arbitration and Conciliation (Amendment) Bill, 2018 deal with this provision….
…when looking at an aggregate of DRD’s international commercial arbitration case data (which, as of November 2018, includes approximately 4,000 arbitration and mediation cases, dating back to 2005), the most…
…shall administer the dispute. For example, the model SCC and LCIA arbitration clauses refer to the resolution of disputes by arbitration under the respective arbitration rules without specifying the administering…
…decisions reinforce India’s progressive approach to binding non-signatories to arbitration agreements and awards, and to arbitration in general, and also reflect the commercially pragmatic and pro-arbitration attitude of Indian courts….
…Does CAJAC have its own arbitration rules as yet? If not, when if at all, will the CAJAC rules be issued? Currently, each of the centres have their own international…
…However, the risks of failing to implement adequate cybersecurity practices, in particular in arbitration, are not new.3) We have seen the impact of cyberhacks in arbitration already, with documents obtained…
…be “conversant with labour laws”, have a “robust understanding of international legal system on arbitration” and not be involved in “any legal proceeding.” Here again, no effort has been made…
…Banks from the sale of the shares during the financial crisis. As a result, Santander commenced arbitration under the arbitration agreement in the Loan Agreement before the CAM/CCBC against Parapanema…
…international arbitration and domestic arbitration. The UAE Arbitration Law applies to both domestic and international arbitration proceedings, and expressly distinguishes between the two. Secondly, the UAE Arbitration Law requires that…
…with the provisions of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Although the Model Law does not provide any recourse against interim orders, it lays down the…
The last decade has seen multiparty arbitration emerge as a contentious issue in investment treaty arbitration. Beginning with Abaclat v Argentina, investment tribunals have grappled with whether similarly-situated, but otherwise…
…arise in relation to whether—(i) the arbitration agreement exists; (ii) the parties to the dispute are the same as the parties to the arbitration agreement; (iii) the arbitration agreement is…
…and institutional rules3)For example Article 31 of CAAI Arbitration Rules; Article 21 (3) of ICC Rules of Arbitration; Article 29.2 of ACICA Arbitration Rules; Article 22.4 of LCIA Arbitration Rules;…
…government and local legal circles. ‘JIDRC-Osaka’ does not provide arbitration services but offers specialist facilities for international arbitration hearings and other forms of Alternative Dispute Resolution (ADR). Facilities are reasonably…
…subject. Following a vote of no confidence in the Spanish Parliament on 1 June, Spain has a new Prime Minister and a new Socialist government. Although the new government is…
…Rules 2018, Art. 1.5. , ICC2) ICC Rules of Arbitration 2017, Art, 29(6)(a) and LCIA3) LCIA Arbitration Rules 2014, Art. 9.14. expressly state that their EA provisions do not apply…
…or rules in order to: (i) prevent the application of less ‘credible’ laws or rules and parties’ benefitting from a more acceptable legal framework; (ii) avoid a particular law or…
…jurisdiction at the setting aside or enforcement stage may be “anti-arbitration”. The commentary raises a number of insightful, credible arguments in support of the notion that such anti-arbitration conduct should…
On the 60th anniversary of the New York Convention, we can generally conclude that the public policy basis for refusing to enforce an arbitration award has for the most part…
…need for Blockchain in International Arbitration? An arbitration practitioner has claimed in a recent Kluwer Arbitration Blog that: “there are cogent technological reasons which will make it difficult for the…
…with UNCITRAL Arbitration Rules and the Arbitration Institute of the Stockholm Chamber of Commerce Arbitration Rules (SCC Rules) shows that the amended rules will allow ICSID to catch up with…
…noted, though, that the Law on Commercial Arbitration of the Republic of Lithuania (2012) does not contain this prohibition. However, it establishes that disputes arising from family legal relations and…
…Investment Guarantee Agency, mandate for the insured to engage in arbitration as a precondition for the grant of PRI compensation. They grant PRI payment if the arbitration process has failed….
…with the dominant arbitration currents in the most developed jurisdictions, in which the restriction on legal representatives to be called as witnesses by their own attorney has been removed. The…
