Defective arbitration clauses are certainly uncommon, but do appear on a recurring basis in domestic and international arbitration practice. Many practitioners can go their entire professional lives…
An arbitral award (PCA Case No. 2011-17, 31 January 2014) arising out of the nationalisation of an electricity generation business in Bolivia has provided useful guidance on: (1) the ability of…
Arbitration proceedings sometimes spawn a host of parallel court proceedings. It is not unheard for parties to seek to instrumentalise courts, sometimes with the complicity of the courts themselves…
As announced in my earlier post we will interview Gary Born at the occasion of his new edition of International Commercial Arbitration. This second edition is an authoritative 4,500 page treatise, in…
The views expressed are those of the author alone.
Technology in arbitration is of course a vast subject which has been addressed extensively by a number of writers. This article focuses briefly on…
Co-authored by Christopher Smith and James Menz, Schellenberg Wittmer
On 10 January 2014, the U.S. Court of Appeals for the Eleventh Circuit issued a highly anticipated decision in Consorcio…
By Carmen Núñez-Lagos and Javier García Olmedo
In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by one…
and Oleg Temnikov
"Put forth your best" by Bill Clennan
The contest lasts for moments
Though the training’d taken years.
It wasn’t winning alone that
was worth the work and tears.
The applause will…
By Beth Cubitt and Tom French
The proposed Trans-Pacific Partnership Agreement (TPPA) - a multi-lateral agreement proposed between a number of countries, currently including Australia, Canada, Japan…
and Niyati Gandhi, National Law School of India University in Bangalore
The issues arising out of allegations of fraud in international commercial arbitration can be listed by way of two closely…
