The effects of bankruptcy on arbitration remain unclear and they differ from jurisdiction to jurisdiction. Although being oft-discussed in doctrine as well in court and arbitral practice, there is…
Background
Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has…
It comes as no surprise to those familiar with investment treaty law to see the concept of legitimate expectations continuously refined by case law. One of the facets of legitimate expectations,…
The Vienna International Arbitration Centre turns 40 today.
VIAC was created four decades ago to serve the needs of users engaged in commerce between East and West countries. Parties were facing…
Choice of dispute resolution mechanism is crucial in drafting and negotiation of financial transactions. Usually lenders insist on having their preference inserted into the financial agreement and…
Longlide, Shenhua Coal and the issue ahead
In a case regarded by many as a “milestone” for arbitration in China, Longlide Packing and Printing Co. Ltd. v. BP Agnati S.r.l (hereinafter “Longlide”) (…
The Report from the inquiry of the Australian Senate’s Foreign Affairs, Defence and Trade References Committee into Australian treaty-making practices comes at a time when increasing pressure is…
We are delighted to announce that Wolters Kluwer’s 2nd arbitration event, Kluwer Arbitration London, is now open for registration.
The half-day (morning) event, taking pace at the Hotel Novotel…
A recent ruling of the Dubai International Financial Centre (DIFC) Court of First Instance (see Case No. XX - (1) X1 (2) X2 v. (1) Y1 (2) Y2, ruling of the DIFC Court of First Instance of 29 July…
In recent years, Russia has become a frequent respondent in investment treaty matters. This is a new development. There are currently at least ten treaty claims pending against Russia, with a number…
