…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…
…be replaced with a set of new provisions with a view to making the SPILA a standalone set of rules for international arbitration. B. Submissions in English before the…
…expenses. Aligning themselves to the necessities and evolution of arbitration, the Rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (hereinafter…
…Arbitration on various grounds: (i) a breach of rules of natural justice, (ii) a breach of the arbitration agreement, particularly by unequal treatment, a lack of opportunity to present its…
…Sevastopol dated March 21, 2014. ↑11 ‘FULL JURISDICTIONAL REASONING COMES TO LIGHT IN CRIMEA-RELATED BIT ARBITRATION VS. RUSSIA’, Investment Arbitration Reporter, 9 November 2017. ↑12 A reputable Ukrainian linguist, Olexander…
…34(1) English Arbitration Act, Art.1494 & 1460 French New Code of Civil Procedure, Art.15(a) Revised Uniform Arbitration Act, Art.15(1) UNCITRAL Arbitration Rules, Art.15(1) ICC Rules, and in Art.14(1) LCIA Rules….
Independence and impartiality of arbitrators are the hallmarks of arbitration. The amendments to the Arbitration and Conciliation Act 1996 (“Act”) in 2015, which adopted the international best practices from the…
…also the day on which the new 2018 HKIAC Administered Arbitration Rules (“2018 Rules“) came into force. The 2018 Rules showcased the latest thinking in arbitration and these amendments –…
…the embrace of new technology, and the development of a dynamic and vibrant community of international arbitration practitioners. Third, he noted that international arbitration has been able, relatively speaking, to…
…Innovation: Improving Institutional Rules as the Answer HKIAC’s Sarah Grimmer then took the floor and introduced the audience to the brand new HKIAC Administered Arbitration Rules, which will come into…
…Ms. Wang shared some innovations in the CIETAC Arbitration Rules (2012 edition) to promote efficiency. The CIETAC Arbitration Rules allow for expedited procedures and provide mechanisms such as joinder and…
…codify pro-state interpretations of debated questions in investment arbitration. Some of these provisions are familiar. For example, Article 14.1 requires an investment to satisfy the Salini criteria in order to…
…ILC rules on attribution do not apply outside the realm of State responsibility, which implies a complaint of a wrongful conduct. Instead, the attribution of lawful conduct is governed by…
…new Arbitration Act The recently enacted Arbitration Act has come to solve most of these difficulties for international commercial arbitration. The Arbitration Act’s scope is limited to international arbitration. According…
…legal system in which the law aims to reach a definitive solution to a conflict that is not incompatible with any other decisions and legal rules, the difference between binding…
…be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the ISA, unless the parties…
…relevant arbitral rules or legislation. Others will, perhaps deliberately, leave the appointment structure to those relevant rules and institutions or courts. Under the LCIA Rules (whereby parties nominate rather than…
…at the cost of ad hoc arbitration (“ad hoc”). This is an important arbitration policy deviation because until now the arbitration law has been IA agnostic. Being an important deviation,…
