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Kabab-Ji: Determining The Governing Law For The Arbitration Agreement Under...
Introduction Whenever the court is confronted with the task to determine the governing law of an arbitration agreement on the basis of knowing only (1) the stipulated governing law of the main contract...
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Virtual Hearings to the Rescue: Let’s Pause for the Seat?
The COVID-19 pandemic catapulted discussions on online dispute resolution methods like no other phenomenon. With this, determining the proper seat for online arbitration has become the center of...
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Paris Arbitration Week Recap: Do and Don’t’s When Choosing a Seat and...
The third edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held virtually during the Paris Arbitration Week on Wednesday, 8 July 2020. The topic of this year’s edition laid stress...
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Arbitrations in China Administered by Foreign Institutions: No Longer a No...
In Part I of our post, we discussed the long-standing uncertainties existing in China about what legal regime governs arbitrations administered by foreign arbitral institutions.1)At the beginning of...
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Arbitrations in China Administered by Foreign Institutions: No Longer a No...
In any arbitration, the parties’ choice of seat normally determines the legal regime under which an arbitration is conducted and any award is enforced.1)At the beginning of her career, Tereza was a...
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Efficiency in Arbitration in Australia: A Many Faceted Approach
Efficiency in arbitration is an area that is discussed so often it almost feels inefficient to discuss it. Indeed, when the Australian Centre for International Commercial Arbitration (ACICA) (in...
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The Rise of Japan Arbitration: A Balance to the Common Law Forces of...
On 31 May 2021, the Japan Commercial Arbitration Association (“JCAA”), Japan International Dispute Resolution Center (“JIDRC”), and the Japanese Ministry of Justice (“MoJ”) co-hosted a webinar on...
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Proposed Amendments to the PRC Arbitration Law: A Panacea?
Efforts are underway in China to reform the Arbitration Law of the PRC (“PRC Arbitration Law”), a statute that was promulgated in 1994 (effective in 1995) and that remains substantially unchanged to...
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Top 10 Things to Know About Arbitration in Bulgaria
Being a Member State of the EU and a party to the New York Convention (NYC), the Republic of Bulgaria is an attractive destination to locate the seat of your arbitration proceedings. This is especially...
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Breaking Traditions in Favor of German Efficiency? Frankfurt As a “Safe Seat”...
Frankfurt am Main (“Frankfurt“) – Germany’s No. 1 city for international arbitration – could serve as a cost-effective and safe seat for international disputes. A “safe seat” of arbitration offers a...
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Interviews with our Editors – In Conversation with Dr Emilia Onyema, Senior...
Dr Emilia Onyema, Senior Lecturer at SOAS A common concern for parties when opting for an African country as a seat of arbitration is the extent of judicial intervention in the arbitration. Whilst...
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Interviews with Our Editors: Insights from Adedoyin Rhodes-Vivour, Doyin...
Disputes, particularly arbitration, has been predominated by the old pale male. Diversity, though a hot topic, is something that the arbitration field is still striving to achieve. What many would...
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Is There Finally a (Partial) Solution to the 2017 Hungarian Arbitration Act’s...
As reported in earlier blog posts on the Kluwer Arbitration Blog, 1) See, e.g., Zoltán Novák, New Arbitration Act in Hungary, Kluwer Arbitration Blog, 15 October 2017; Alexandra Bognár, Hungary: Are...
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Vedanta Resources v Zambian State Mining Company ZCCM-IH: Does Anyone Win?
With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events with Vedanta Resources and...
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Watch Out, Africa is Here! – The East African International Arbitration...
This August, Kenya hosted the 7th annual East African International Arbitration (EAIAC) conference. This year’s theme was Government Contracting and Investment Disputes: Lessons for States and...
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The Judicial Tribunal Confirms DIFC Courts’ Proper Jurisdiction for Challenge...
In a ruling of 11 December 2019 (see Cassation No. 8/2019 (JT) – Al Taena: AF Construction Company LLC (formerly Al Futtaim Carillion – Abu Dhabi LLC v. Power Transmission Gulf), the Dubai-DIFC Joint...
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Interviews with Our Editors: In Conversation with the Honorable L. Yves Fortier
Few people can pride themselves with a career as rich and impactful as that of the Honorable L. Yves Fortier, PC CC, OQ, KC, Ad. E., LLD and no summary will do it justice. Counsel, negotiator,...
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Vietnamese Court Sets Aside Arbitral Award for Failure to Legalize POA: An...
Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of...
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The JCAA Celebrates 70 Years of International Arbitration in a Changing World
On 17 November 2023, the leading arbitration-related institutions and government entities in Japan co-hosted an international arbitration conference, entitled “Exploring Innovative Solutions in a...
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A Tale of Two Seats: How Do Legislations on Arbitration in Hong Kong and...
Hong Kong and Singapore often take the top spots as the preferred arbitral seats in Asia and globally.1)See for instance the 2021 and 2018 Queen Mary University London International Arbitration...
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