Search Results for : Domestic Arbitration Law

...legal professionals have a desire—an “enlightened self-interest,” in Rogers’ words—to access the aforementioned professional benefits associated with international arbitration. International arbitration then provides them with detailed laws, rules and standards...

TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...

April 1, 2021 in Blog / TagTime by clairesheridan

...Kluwer Arb. Blog (Dec.. 12, 2019), http://arbitrationblog.kluwerarbitration.com/2019/12/12/rethinking-counsel-ethics-in-international-arbitration/. [8] UN Comm’n on Int’l Trade Law (UNCITRAL), Arbitration Rules (2013), art. 27. [9] Int’l Chamber of Commerce (ICC), Arbitration Rules, (2021), art....

TagTime with Samaa Haridi – Legal Privilege in International Commercial ...

March 22, 2021 in Blog / TagTime by clairesheridan

...UNDERLYING CONTRACT AND ARBITRATION AGREEMENT The law governing the underlying contract and that governing the arbitration agreement are two sets of distinctive laws. With regards to the law governing the...

Key Considerations in Drafting Dispute Resolution Clause in the COVID ...

October 23, 2020 in Blog by clairesheridan

...2016), http://arbitrationblog.kluwerarbitration.com/2016/05/09/are-we-dealing-with-the-trend-of-specialised-arbitration/?doing_wp_cron=1595712620.2998149394989013671875. [2] Court of Arbitration for Art, https://www.cafa.world/cafa/about_us/ (last visited Jan 10, 2021). [3] Kadhim, Noor, Arbitration In The Art World And The Court Of Arbitration For Art: Heading...

Art Disputes and the Court of Arbitration for Art: Evolution ...

January 21, 2021 in Blog by clairesheridan

...http://arbitrationblog.kluwerarbitration.com/2021/05/25/ag-szpunars-opinion-in-case-c-741-19-preparing-the-end-of-intra-eu-investment-arbitration-under-the-energy-charter-treaty/. [14] Nikos Lavranos, Is the Court of Justice of the EU the Ultimate Judge of the ECT?, Kluwer Arb. Blog (April 9, 2021), http://arbitrationblog.kluwerarbitration.com/2020/12/10/belgium-seeks-cjeus-opinion-on-the-future-interaction-between-a-modernised-ect-and-eu-law/. [15] Komstroy, ECLI:EU:C:2021:655, ¶ 40....

Lights Out for the Energy Charter Treaty? The ECJ’s Next ...

February 15, 2022 in Blog by ARIA

...a means of avoiding arbitration clauses. In India, there is a general consensus that arbitration clauses should be avoided to enforce mandatory laws, such as competition laws, which aim to...

Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication

June 23, 2023 in Blog by Yue-Zhen Li

...Arbitration: Noteworthy or Not Worthy for Victims of Human Rights Violations? Kluwer Arbitration Blog (May 5, 2020) http://arbitrationblog.kluwerarbitration.com/2020/05/05/the-hague-rules-on-business-and-human-rights-arbitration-noteworthy-or-not-worthy-for-victims-of-human-rights-violations/. [20] U.N. High Commissioner for Human Rights, Introduction to the Guiding Principles...

Hague Rules on Business and Human Rights Arbitration: What Lies ...

September 28, 2020 in Blog by clairesheridan

...because, in the absence of an arbitration agreement, parties cannot resolve their disputes through arbitration, rendering the policy to promote arbitration ineffective. This issue arose before the High Court of...

To Incorporate or Not? Arbitration Clauses in Indian Government and ...

February 12, 2025 in Blog tagged Agreement to Arbitrate / Formal Requirements / Incorporation by Reference by Alexandra Desmedt

Author: Ahan Gadkari* Jurisdiction: India Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration Abstract Party autonomy has significant importance in any arbitration proceeding....

Single-Party Arbitrator Nomination as a Ground of Annulment in India

March 28, 2022 in Blog by ARIA

...in respect of non-ICSID arbitrations states that: “These arbitrations are subject to the usual ground rules of international commercial arbitration, i.e., subject to the arbitration law of the arbitral seat,...

Is the New York Convention Applicable for the Enforcement of ...

November 21, 2021 in Blog by ARIA

...and victims than the multiplicity of potential domestic judicial procedures. Additionally, cross-border arbitration is already a well-known phenomenon. 2. The adaptability of arbitration increases its accessibility Arbitration also opens the...

TagTime with Dr. Yas Banifatemi – Arbitration as a means ...

March 11, 2021 in Blog / TagTime by clairesheridan

...that a change-in-law clause would cover only domestic law changes and would not extend to change in foreign laws affecting contractual performance. [1] For Indian parties, this means that foreign...

Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India

April 7, 2026 in Blog by Skye Lantian Chen