The institution of emergency arbitration (EA), in general, and its usage in investment treaty-based disputes, in particular, is a relatively new procedural tool. In investment disputes, EA has…
There have been significant legal developments in recent times in Australia concerning the proper choice of law applicable to an arbitration agreement. Cases have centred on how to give effect to…
In a series of recent posts (Part I, Part II and Part III), I argued that states should not ratify the Hague Choice of Court Agreements Convention (“Convention”) and, if they had already done so,…
This post continues from Part I.
Party Autonomy and Consent: How the Convention Undermines Them
My previous posts argued that the Convention undermines vital protections that existing law provides…
Gary Born, in a three-part series in Kluwer Arbitration Blog last month, addressed why States should not participate in the 2005 Hague Convention on Choice Of Court Agreements (“Hague Convention”).…
The HCCH 2005 Choice of Court Convention ("Convention"), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born in a series of posts published on the Blog…
Founded in 2013, the New York International Arbitration Center (“NYIAC”) is a non-profit organization that promotes and enhances the conduct of international arbitration in New York, offers…
Where C commences an arbitration against a non-existent entity E, and D defends the arbitration in the guise of E, can an award rendered in favour of E be enforced by D against C? This was the…
The legal industry has benefited tremendously from recent technological advancements, leading to the expansion of Legal Tech as the driving force for progress in this field. More and more tools -…
On 30 May 2021 the fifth webinar of the series “The Rising Arbitrator’s Challenge: Navigating the Premise and Perils of Your First Appointment(s)” covering Australia and New Zealand was presented by…
