…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…
…case was an ad hoc UNCITRAL arbitration under Argentina-UK BIT (AWG Group Ltd. v. The Argentine Republic (“AWG”)). This post will focus on the three ICSID committees’ annulment decisions and…
…arbitration (“Hualon”) had repudiated the arbitration agreement1)See here another discussion of this case from the Singapore law perspective . Of most interest, the decision appears to create a presumption in…
Consent has long been accepted as the cornerstone of arbitration, until recently. The evolution and expansion of arbitration brought about diverging opinions on the consensual character of arbitration. For example,…
…Mélida Hodgson (Foley Hoag), Veronika Korom (ESSEC Business School Paris), and Saadia Bhatty (Gide Loyrette Nouel) as speakers. Nonetheless, the clash between the world of investment arbitration and the EU…
…ICSID arbitration rather than other arbitration institutions and/or to ad hoc arbitration. As widely known, the ICSID awards are directly enforceable in contracting states and there is no recourse available…
…arbitration clause, the retrocession agreement, on which the claim was based, provided for jurisdiction of state courts. Confirming the principle of consent in arbitration, the Supreme Court held that the…
This is the 2nd part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) published in 2018. Jura Novit Arbiter…
…2019 the Japan Commercial Arbitration Association (the “JCAA“) amended its two current sets of arbitration rules. At the same time, it introduced an additional set of new rules with the…
…of Procedure for Arbitration Proceedings, ICSID Additional Facility Rules if the former do not apply, UNCITRAL Arbitration Rules or any other rules agreed the parties. Constitution of First-instance Tribunal and…
…released the SOAS Arbitration in Africa Survey in April 2018, this underrepresentation may be explained by “poor perception of African arbitration practitioners (by their foreign colleagues)” (see a KAB post…
As an arbitration hub, Hong Kong has an enviable pedigree. The territory boasts a modern workable arbitration law, robust legal system, and a cohesive arbitration community. It is routinely ranked…
…the German Institution of Arbitration (“Deutsche Institution für Schiedsgerichtsbarkeit e.V. – DIS”). Due to the alleged breach of the distribution agreement by the Plant, Lugana initiated arbitration proceedings accordingly. The…
…cyber security vulnerabilities, which can result in major harm to the parties involved in an international arbitration. In 2018, the White & Case – Queen Mary International Arbitration Survey: The…
…a DIFC-LCIA award rendered in onshore Dubai (as the seat of the arbitration) even in the absence of any assets of the award debtor offshore. The CFI based its findings…
…names of the parties, seat of the arbitration, arbitration rules, applicable law, subject matter of the dispute, awarded amounts and currency, number and names of arbitrators, number and names of…
…to each other party to the arbitration and the arbitration body.14) Section 98U Arbitration and Mediation Legislation (Third Party Funding)(Amendment) Ordinance 2017 In addition, the third party funder has a…
…as well. The day involved discussions by prominent practitioners on the advantages and disadvantages of arbitration, recent developments in ICC arbitration and the history and continued progress of arbitration in…
…Divisions 3 and 5 of the new Part 10A of the Arbitration Ordinance (Amendment Ordinance): these sections expressly permit the use of third party funding for arbitration in Hong Kong….
