...based on the fact that continuation of such proceedings would cause gross injustice to one of the parties to the dispute. For instance in Excalibur, the English court issued an...
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...to the arbitration agreement per se. The reasoning so taken has since been referred to as the “Sulamérica Presumption.” Similarly, the High Court of Singapore in BCY v. BCZ preferred...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...targeted state in the form of sanctions. This can be seen in instances such as the U.S. and the E.U. imposing sanctions on Russia following the events in Ukraine in...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...challenges before national courts by athletes who had been banned from competitions by their international federation for drug offences. These challenges were based on the allegation that their livelihood was...
Proposals to Amend the Code of the Court of Arbitration ...
...[5] International Bar Association, IBA Guidelines on Conflicts of Interest in International Arbitration (2014). [6] International Bar Association, IBA Rules on the Taking of Evidence in International Arbitration (2020). [7]...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...earliest investment disputes can be traced back to the early 1970s, cases concerning environmental policies have only emerged from the start of this century. For instance, in Methanex Corporation v....
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...of India has on several occasions stated that the rigid English rules of champerty and maintenance do not apply in India barring instances of advocate involvement, when it is not...
Third Party Funding In Arbitration In India
...She is on ITA Advisory Board and member of editorials boards of ITA in Review. <https://www.linkedin.com/in/naimeh-masumy-7727a522/ > **Gaurav Rai holds a BBA.LLB(Hons.) degree from National Law University Odisha, India and...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...by the courts and the level of confidentiality to be observed is to be determined on a case-to-case basis, based on the factual matrix.[13] Pertinently, unlike most other jurisdictions, the...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...Sch 13/10, https://1.next.westlaw.com/Link/Document/Blob/I5b54f0f41ef511e38578f7ccc38dcbee.pdf?targetType=PLC-multimedia&originationContext=document&transitionType=DocumentImage&uniqueId=7831ceb1-bbc0-4e22-8b47-45c4e12b13b5&contextData=(sc.DocLink). [3] Peter Bert, Arbitrator’s Nightmare: When Procedural Orders Backfire – Flex-n-Gate v. GEA, Kluwer Arb. Blog (Nov. 20, 2012), http://arbitrationblog.kluwerarbitration.com/2012/11/20/arbitrators-nightmare-when-procedural-orders-backfire-flex-n-gate-v-gea/. [4] OLG Frankfurt a. M., 26 Sch...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...a standalone basis or in conjunction with other alternative dispute resolution provisions. This is not surprising as arbitration provides parties with the choice of a neutral forum, a flexible process,...
A Case for Diversity in the Seat of Arbitration
...framework. In such an instance the claimant’s request would simply supplement a gap in the basic treaty by importing an applicable set of procedural rules which are compatible with the...