Party autonomy is a well-established cornerstone of arbitration, which treats the parties as the true creators of the arbitral procedure. Hybrid arbitration clauses are built on this cornerstone. In…
Ever since the EU started to develop its investment policy, anti-ISDS groups started an unprecedented campaign. Indeed, on the very same day (7 July 2010) the European Commission published its first…
Prior to 2012, India faced widespread criticism from the international arbitral community over a series of judgments concerning arbitration. Much has changed since 2012 – in the post-Bharat Aluminium…
Co-Authored with Hanna Shalbanava (Sysouev, Bondar, Khrapoutski)
According to paragraph 1.2.2. of the Guidelines for Arbitrators on how to approach the making of awards on interest adopted by the…
Keeping abreast of Australia’s stance on ISDS can be a confusing exercise. Australia’s approach to investor-state dispute settlement (ISDS) continues to be hotly debated in the wake of recent…
and Katherine Bell, Schellenberg Wittmer
In 2014, the Swiss Supreme Court rendered 32 decisions on petitions to set aside international arbitral awards. Consistent with a traditionally low success…
The facts of the situation are simple: the claimant goes to the domestic courts and the defendant argues that there is an arbitral agreement. The court judge upholds the jurisdictional objection and…
and Alessa Pang, Rajah & Tann Singapore LLP
Arbitrator challenges for inordinate delay can be awkward. However, what happens if the arbitrator decides to render an award before the challenge is…
This blog is adapted from a keynote speech delivered at the Helsinki International Arbitration Day on 28 May 2015.
Most arbitration lawyers and users of arbitration services would probably agree that…
Mediation has gained much popularity in Croatia in the last several years, and the Croatian legislator regulated enforceability of mediation in Article 18 of the Croatian Mediation Act (Official…
