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...standards to be considered valid and imposed. See Kevin LaCroix, Dutch Court Oks Petrobras Claim Jurisdiction Despite Brazilian Arbitration Clause, the D&O Diary, (Sep. 23, 2018), https:/**/www**.dandodiary.com/2018/09/articles/international-d-o/dutch-court-oks-petrobras-claim-jurisdiction-despite-brazilian-arbitration-clause/. See also Kevin...

Overview of Securities Arbitration in Brazil: Challenges and Developments

December 15, 2021 in Blog by ARIA

...clause in the main contract was tailor-made to meet the requirements thereof and, in the absence of a specific reference, the intention of the parties to incorporate the said clause...

A Cautious Acceptance of Incorporation of Arbitration Clause by General ...

April 13, 2018 in Blog by ARIA

...Court Agreements, HCCH, https:/**/www**.hcch.net/en/instruments/conventions/status-table/?cid=98 (last visited Nov. 8, 2020). [24] Convention on Choice of Court Agreements, art. 2(4), June 30, 2005, https://assets.hcch.net/docs/510bc238-7318-47ed-9ed5-e0972510d98b.pdf. [25] The Hollandia, [1983] 1 AC 565, 576....

Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...

November 20, 2020 in Blog by clairesheridan

...Rules, CPR (February 20, 2018) https:/**/www**.cpradr.org/news-publications/press-releases/2018-02-20-cpr-incorporates-young-lawyer-rule-into-its-arbitration-rules (last accessed Feb. 6, 2022) [12] CPR Non-Administered Arbitration Rules (2018), https:/**/www**.cpradr.org/resource-center/rules/arbitration/non-administered/2018-cpr-non-administered-arbitration-rules; CPR International Non-Administered Arbitration Rules (2018) https:/**/www**.cpradr.org/resource-center/rules/arbitration/non-administered/2018-International-Non-Administered-Arbitration-Rules (last accessed Feb. 6, 2022)....

Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...

February 10, 2022 in Blog by ARIA

...no option but to **use** the claimant’s DCF method. A guidance **use**d by some tribunals in determining whether or not to **use** the DCF method in calculating damages is determining...

TagTime with Funke Adekoya SAN – Damages and Costs: Can ...

April 19, 2021 in Blog / TagTime by clairesheridan

...reading of the CSR Clause will be consistent with sub-article 1 of the same CSR Clause, which says that “[t]he Parties recognise the important contribution of Corporate Social Responsibility ....

The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...

February 25, 2021 in Blog by clairesheridan

...slow sort of country” because in the looking-glass world, it takes everything you have to give to simply remain where you are. To **make** progress, one must **make** at least...

Through the Looking-Glass: Wellbeing in Arbitration — Part 1

May 22, 2022 in Blog by ARIA

...follow the contractual preconditions,[11] when **compare**d to the binding ‘Shall’ clauses. This is because the twin elements of consent and party autonomy[12] also matte, and when these ‘May’ clauses followed...

Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...

April 28, 2022 in Uncategorized by ARIA

...to the client or securely destroyed. Fourth, never **use** public Wi-Fi and adopt protections to strengthen at-home networks. Fifth, a cyber threat mitigation plan should be adopted early on in...

TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...

March 29, 2021 in Blog / TagTime by clairesheridan

...athletes either to accept the arbitration or to refrain from participating in the relevant sport.[6] Athletes might well notice the consequences of the arbitration clause only after they have been...

Proposals to Amend the Code of the Court of Arbitration ...

November 23, 2022 in Blog tagged Sports Arbitration by ARIA

...the dilemma of the box within a box or, in the case of arbitration, the authority as to the decision as to the authority to make the decision.” “[I]n no...

The Arbitrability Question Itself – Vol. 10 No. 3

July 27, 2020 by Claire Sheridan

...line. Thus, tribunals are reluctant to sanction states because ultimately, their responsibility will burden innocent taxpayers. On this note, she provides the innovative solution rendered in the Spentex **Net**herlands, BV...

Columbia Arbitration Day 2021 – Allegations of Corruption in International ...

May 6, 2021 in Blog / Columbia Arbitration Day by clairesheridan