Mr. Hanft, welcome to the Kluwer Arbitration Blog! I appreciate the opportunity to share your perspective with our readers at an exciting moment, where conversations about politics, diversity, and…
A legal regime which asks the victim of a frivolous legal proceeding to subsidise the costs of the perpetrator is unjust and is bound to provide incentives for more frivolous proceedings. For a long…
In recent years, the combination of arbitration and technology has raised great concerns among international arbitration community. Much discussion has centred on online arbitration and use of…
On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration ("Prague Rules") were released. (For related posts on the Prague Rules on Kluwer Arbitration…
What are Terms of Reference in the ICC Rules of Arbitration, and what are they for?
Article 23(1) of the 2017 ICC Rules provides
"As soon as it has received the file [of a new dispute] from the…
A recent post discussed the upsides and downsides of the so-called Final Offer Arbitration (“FOA”) also known as Baseball Arbitration. In short, in an FOA, instead of crafting an award from scratch…
Arbitration in Kyrgyzstan
Historically, arbitration in the Kyrgyz Republic is one of the least studied in Central Asia. Not much attention has been paid to the study of the law and practice of…
At the heart of the debate surrounding Investor-State Dispute Settlement (ISDS) Reform is UNCITRAL Working Group (WG) III. Until two years ago, WG III was dedicated to discussing issues surrounding…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:
Annette Magnusson, 'Foreword: The Story of the Stockholm Treaty Lab' (2019)…
A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra Terminais”), and the Dock Companies…