…provided that either party could refer the dispute to arbitration under Pakistan’s primary arbitration legislation, the Arbitration Act, 1940 (the “Arbitration Act”). Section 20 of the Arbitration Act provides for…
…Kong Arbitration Ordinance (Cap. 609) which came into effect on 1 June 2011 (“Arbitration Ordinance“) expressly provides for statutory duty of confidentiality in arbitration. The 2018 HKIAC Administered Arbitration Rules…
…The chat kicked off with Mr Born’s thoughts on the five steps proposed as key to start a career in international arbitration. First, international arbitration requires its practitioners to speak…
…of the arbitration as a whole.9)Kluwer Arbitration, ‘The Practice of Emergency Arbitration’, Belgian Review of Arbitration (van Hooft and Tossens (eds); Jan 2017, at 9 Closing Observations EA caseloads for…
…Agreement provides that contractual disputes should be referred to ICDR for arbitration and UNCITRAL Arbitration Rules should apply. The seat of arbitration should be New York. Thereby, the Court concluded…
The discussion about whether and how the arbitral tribunals can apply the iura novit arbiter (INA) principle has been widely debated in different studies of international arbitration. INA allows the…
…be a flurry of new claims by investors before their arbitration rights expire. Legacy Investments The panel then spent a lengthy time debating various questions raised by the legacy investments…
…Indeed, arbitration institutions have not even adopted a common definition of “international arbitration”. For example, the ICC defines an international arbitration as one between parties from different countries, while the…
…relevance of time period An application to challenge arbitral award is made under section 34 of the Indian Arbitration and Conciliation Act, 1996 (the Arbitration Act) within the “time period”…
Section 16 (1) of the Arbitration and Conciliation Act, 1996 [“the Indian Act”] confers power upon the arbitral tribunal to decide on matters relating to its jurisdiction. Under section 16…
…question among those not familiar with the country: is Brazil an arbitration-friendly jurisdiction? In previous Kluwer posts, it has been discussed Brazilian arbitration developments in franchising, extension of arbitration agreements,…
…resort to arbitration sufficiently in advance of the actual commencement of the arbitration process (art. 25.2). The purpose of this language is to ensure transparency and that multilateralism is maintained…
…outstanding, the Supreme Court rejected India’s set-aside appeal to an interim arbitral award in a satellite telecommunications dispute with Deutsche Telekom. In the UNCITRAL arbitration with seat in Switzerland, the…
…free and open markets, the desire for private justice through arbitration is evidenced by arbitration clauses in international commercial agreements. The bottom line is this: arbitration’s workability has been demonstrated…
…arbitration practices. 1)Stavros Brekoulakis, The Culture in International Arbitration: Integration or Fragmentation?, CBAr Conference, Salvador Bahia, 18 September 2018 A true manifestation of this is the ICC Young Arbitrators Forum…
…ensure international arbitration awards are given protections. For the immediate future, Hong Kong and China remain intertwined in a way that favors international arbitration. China benefits from Hong Kong’s positioning…
… Costs in International Arbitration Costs in arbitration usually fall into two broad categories: (i) costs of the arbitration (i.e. the costs of the tribunal and institution (if any)), and…
…International Arbitration Centre (HKIAC) d. International Court of Arbitration of the International Chamber of Commerce (ICC) e. North Antarctic Arbitration Court of McMurdo Sound (COLD) 4. Know your arbitrator!…
…the other treaties by using a different sort of seeds for CETA and EU-Vietnam FTA. The Commission replaced several important DNA bits of investment arbitration with DNA new bits, such…
Commensalism of IIL Critique While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (investment) law…
…Redfern and Hunter on International Arbitration, p. 120; Lew, Mistelis and Kroll, Comparative International Commercial Arbitration, pp. 210, 215 , in the sense that arbitrators can rule on these matters,…
…arbitration in Argentina, both relating to the resort to arbitration within the users in the country, along with setting Argentina up as a possible hub for international arbitration in the…
…the Tanzanian Government towards Foreign Investors and International Arbitration: (i) ‘International’ Arbitration is Prohibited in Disputes Related to the Country’s Natural Resource Sector The first of these measures took…
…will an arbitration commence without any decision as to the existence of a valid arbitration agreement on a mere reference to the arbitral institution? Deciding on the existence of an…
