Are litigation, arbitration and mediation competitive, collaborative or cooperative? Is litigation becoming an “alternative” to “alternative dispute resolution”, especially keeping arbitration on top of its game? Are mixed processes or…
…new provisions to add to the 2018 Administered Arbitration Rules (“2018 Rules”), which are intended to improve the procedural certainty and cost-efficiency of HKIAC arbitration. These provisions address primarily the…
…the arbitration agreement with those of the arbitration agreement itself, in order to avoid the unwanted situation where the contract was validly concluded whereas the arbitration agreement was not. However,…
…the new Uniform Act on Arbitration Law, the revised Arbitration Rules of the Common Court of Justice and Arbitration (CCJA) and a new Uniform Act on Mediation. These developments are…
…ICSID, LCIA, SCC, CRCICA and UNCITRAL arbitration rules. Further to her counsel work, she has acted as administrative secretary to arbitral tribunals, both in commercial and in investment arbitrations. She…
…“defined legal relationship” requirement, it is sufficient for FIFA to redraft its arbitration provisions so as to expressly identify the disputes that must be submitted to CAS arbitration in the…
…the Brazilian government. In an attempt to tackle this, a specific provision has been included in the PPAs to establish that the parties shall apply the non-preferential rules of origin…
Recently, CRC Press published Data-Driven Law: Data Analytics and the New Legal Services by Edward J. Walters. The volume’s contributed chapters cover a wide range of topics at various levels…
…new frontier of investment arbitration. In this post, we anticipate some of the ways investment arbitration can serve blockchain and crypto actors in light of the uniqueness of this digital…
…for the selection of the applicable law in arbitration. Far from being the useless, arbitration-hostile cage from which arbitration should seek to liberate itself, conflict of laws rules are a…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for North America, covering Canada and USA. The Assistant Editor…
…Conciliation (Amendment) Act, 2015 (“Amendment Act”) to pending arbitration and court proceedings commenced under the Arbitration and Conciliation Act, 1996 (“1996 Act”). The Court held the following: Subject to party…
…It was under this context that the UNCITRAL Rules on Transparency in Treaty-based investor-State Arbitration (“UNCITRAL Transparency Rules”) sought to clarify the extent of confidentiality and transparency in investment arbitration….
…international arbitration and the PRC legal system and process. This article outlines practical considerations for preparing Mandarin-speaking witness evidence and conducting cross-examination in international arbitration. Mandarin-speaking witnesses will also find…
…Arbitration Clause: A Comparative Analysis, 20 American Rev. Int. A. 391, 401 (2009). However, courts rejecting the validity of unilateral arbitration agreements based on lack of mutuality seemingly adopt this…
…The commonly used procedure for document production, as set forth by the 2010 International Bar Association Rules on the Taking of Evidence in International Arbitration, includes the following steps: •…
…which was meant to encourage arbitration practitioners to join in creating their own future opportunities by generating information about arbitration in Latin America. So far response has been overwhelming—thanks to…
…the Arbitration and Conciliation (Amendment Bill 2018) (the “Bill”) and the New Delhi International Arbitration Centre Bill, 2018 (the “NDIAC Bill”) which has already been tabled before the Lower House…
…the future amendments to the ICSID Arbitration Rules and Spain’s renewable energy cases. During the conference, a debate about the applicability of the International Law Commission’s Articles on State Responsibility…
…then could the outcome be under the New York Convention? Are there advantages and new challenges? Yes. Article II of the New York Convention and the Blockchain Article II of…
…Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice…
…carte approach of Canada and Mexico Canada is an interesting example of the very flexible à la carte approach regarding ISDS provisions. When CETA was first finalized, Canada agreed to…
…to Swiss law and contained an arbitration clause in favour of Swiss Rules arbitration in Zurich. The Engagement Letter concerning the ICC arbitration against D GmbH provided for different remuneration…
…Dismiss Pet. To Confirm Arbitration Award, ECF No. 23, Jan. 4, 2018. Judge Seybert rejected all three arguments. The Notice of Arbitration Article V(1)(b) of the NYC provides that the…
