kompetenz-kompetenz

The potential ramifications on a party’s right to challenge an award made in a consolidated proceeding should inform a party’s decision to adopt institutional rules or national arbitration laws that…

There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…

The decision of the Indian Supreme Court in A. Ayyasamy v. A. Paramasivam (‘Ayyasamy’) [(2016) 10 SCC 386] has been previously discussed on this blog here, and here. This post seeks to analyse the…

On December 30, 2016, the Supreme People's Court ("SPC") issued a set of new Opinions. It covers an array of matters relating to legal measures to expedite the development of Free Trade Zones. …

A few months back, the Supreme Court of India attempted to set the issue of arbitrability of fraud at rest in the case of A. Ayyasamy v. A. Paramasivam [(2016) 10 SCC 386]. The court, while deciding…

and Duarte G. Henriques, BCH Lawyers 1. Until very recently the swaps industry seemed to be reluctant to use alternative dispute resolution or at least was very indifferent as to the choice of the…

In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”)…

The very nature of international arbitration entails parties, arbitrators and any other participant in the arbitral proceedings generally being of different nationalities and speaking different…

The Competence-Competence Principle is a fundamental principle of international arbitration. It is recognized in article 8 of Brazilian Arbitration Law. However, in Companhia de Geração Térmica de…