Having practising in the art law field since 2012, I have drawn the following observations from this experience:
litigation is not the most time-efficient and cost-efficient approach to adequately…
Introduction
In their Fourth Turning Theory, Howe and Strauss put forward the thesis that every cycle in Anglo-American history had concluded with a great crisis, a fourth turning, from which a new…
Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction…
Background
The Dutch-speaking division of the Brussels Enterprise Court has been understaffed in recent years. On 5 February 2019, the Court’s president issued a press release (here) revealing rather…
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…
