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If you haven’t taken the poll yet, please do share your experience. You…
By Ben Knowles and Khaled Moyeed at Clyde & Co LLP
A recent arbitration award has highlighted the question of the enforceability of forfeiture provisions in oil and gas JOAs. The effect of such…
By Peter Godwin, Elaine Wong and James Allsop, Hebert Smith Freehills
The Japan Commercial Arbitration Association ("JCAA") has introduced an amended version of its Commercial Arbitration Rules (the…
and Niyati Gandhi
On 14 February 2014, the Supreme Court of India (SCI) in Enercon India v. Enercon GMBH [Civ. App. 2086/7 of 2014] (Enercon) found occasion to revisit issues in connection with…
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…
