...bound by previous decisions, which in our view demonstrates the tendency of arbitrators and scholars when facing this issue. The arbitral community is still not embracing the possibility of creating...
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...this what we wanted them to come for? Getting the best and the brightest together in a room to talk about international arbitration’s critical issues, important trends, and fundamental...
If You Build It, They Will Come: The Story of ...
Author: Marc Blessing* Published: December 1994 Topics: Standard and Model Arbitration Clauses Description: Here is the essence and the best advice: If you need an arbitration clause: * go and...
Drafting Arbitration Clauses – Vol. 5 No. 1-4
...hoping for the best, but ultimately relying on the principle of freedom of contract laid down in the Russian Civil Code. This principle, absent during the era of planned economy,...
Russian Shareholders’ Agreements and International Arbitration – Vol. 23 No. ...
...the entire process comes across as somewhat partial at best and completely one-sided or lopsided at worst, it is an unworkable and unsustainable system. Therefore, a fair and just resolution...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...balance of arbitral centers worldwide? [1] Best States for Business: California, Forbes, https://www.forbes.com/places/ca/ (last visited Feb. 22, 2018). [2] Birbrower v. Superior Court of Santa Clara County, 949 P.2d 1...
Why is California So Behind in International Arbitration and Is ...
...of the best regimes available for institutional arbitration of international intellectual property disputes. This commentary examines the following aspects of the WIPO Rules and Expedited Rules: 1. WIPO’s recommended arbitration...
General Commentary on the WIPO Arbitration Rules, Recommended Clauses, General ...
...of the Netherlands-Croatia BIT). However, even in the case of the broader language of a sunset clause, such as the one used in Art. 14 para 3 of the Netherlands-Croatia...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...and law at their best. Certainly by contemporary standards, and perhaps even by reference to a more exacting measure, the International Bibliography is, by its comprehensive scope, thorough classification, and...
An Assessment of Pechota’s International Bibliography on Commercial Arbitration – ...
...controlled manner. The Supreme Court in Modi Entertainment Network v. W.S.G. Cricket[16] enumerated and exhaustively discussed the circumstances would merit the grant of an anti-arbitration injunction. The Calcutta High Court...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...parties.[11] In line with the UNCITRAL Model law and other arbitration rules, the new Italian law has crystallised the duty of arbitrators to be independent and impartial and has also...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...pertinent to our discussion. The negative effect of compétence-compétence is best described by Prof. Gaillard and John Savage as “allow[ing] the arbitrators to be not the sole judges, but the...