AW-Kluwer Arbitration Blog
ArbitralWomen is an Affiliate of Kluwer Arbitration Blog (KAB). All articles posted on Kluwer Arbitration Blog by ArbitralWomen Members and listed below are also available here.
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One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award
Author: Ava Borrasso FCIArb | Publish Date: 16 October 2020A recent decision by the Eleventh Circuit Court of Appeals has reaffirmed its stance that the Federal Arbitration Act's (FAA) domestic provision on vacatur does not apply to international awards. The case in question, Earth Science Tech Inc. v. Impact UA, involved a commercial dispute between a Florida-based CBD company…
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ArbitralWomen: Career Paths in Arbitration
Author: Malgorzata Mrozek | Publish Date: 16 November 2019The conference topics reported ranged from the career paths of the panel speakers, hot topics and trends in the practitioners’ jurisdictions, career advice, and final a question and answer segment.
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The Intersection of Corruption in International Arbitration and Discovery Pursuant to 28 USC § 1782
Author: Ava Borrasso FCIArb | Publish Date: 18 July 2019 -
U.S. District Courts Rule Consent Awards Fall Within New York Convention
Author: Ava Borrasso FCIArb | Publish Date: 06 April 2018 -
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
Author: Silva Zarazinski | Publish Date: 24 March 2018In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure Code (Law 13.105/2015) and its arbitration law (Law 13.129/2015). It also enacted a mediation law (Law No. 13.140/2015). These major… -
The Year 2016 for India – Of New Beginnings and Not-So-Happy Endings?
Author: Tejas Shiroor | Publish Date: 28 December 2016The last week of November 2016 was an eventful and rather paradoxical week for India. While India and Brazil successfully concluded negotiations for a new Bilateral Investment Treaty (“BIT”), the India-Netherlands BIT expired. -
Let’s Remember: In Brazil, the Civil Procedure Code is Not Automatically Applicable to Arbitral Proceedings
Author: Ana Carolina Weber | Publish Date: 05 December 2016In the last fifteen years, the use of arbitration as an alternative dispute resolution method has grown in Brazil. Not only has the arbitration law been declared constitutional, but also parties have continuously provided arbitration clauses in their contracts, and national courts have issued rulings recognizing the jurisdiction of arbitrators… -
Istanbul Arbitration Centre
Author: Ayça Aydin | Publish Date: 04 March 2016A new arbitration institution has opened its doors and has already started to register its cases in Istanbul. The Istanbul Arbitration Centre (ISTAC) has become operational in the third quarter of 2015, offering to its users a set of arbitration and mediation rules, along with emergency arbitrator and Fast Track… -
What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards
Author: Lara Pair | Publish Date: 31 August 2015There are a number of questions that influence how arbitration treats cases in which an award is challenged successfully. A court overturns an award declining jurisdiction, but what’s next? The authors argues that the easy and most practical answer would be for the arbitrator to resume the case and render… -
The PRC’s New Provisions on Recognition and Enforcement of Taiwan’s Civil Judgments and Arbitral Awards
Author: Helena Chen | Publish Date: 25 August 2015To enforce a Taiwan’s award or civil judgment in the mainland China, a party has to refer to PRC’s regulations, which were released by the Supreme People’s Court (“SPC”) and have recently been amended. The new SPC’s “Provisions on Recognition and Enforcement of Taiwan Courts’ Civil Judgments” and “Provisions on… -
Conference report on Wendy Miles’ keynote speech at the YAF/YAPP conference in Vienna (28 March 2015): “The Role of Young Arbitrators in the Rule of Law”
Author: Ileana Smeureanu | Publish Date: 27 April 2015This year, Wendy Miles delivered the keynote speech at the YAF/YAPP Annual Conference on the second day of the Vis Moot. Attuned to the audience, the speech began with a note of encouragement and ended on a counterpoint of responsibility: though the future belongs to the young arbitrators, they are… -
The New Dutch Arbitration Act 2015
Author: Barbara Rumora-Scheltema | Publish Date: 25 February 2015The New Act entered into force on 1 January 2015 in relation to arbitrations commenced on or after 1 January 2015. The New Act is an amendment to the former Dutch Arbitration Act, which dates back to 1986, many aspects of which remain unchanged in the New Act. Although the… -
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
Author: Cristina Elena Candea | Publish Date: 01 December 2014In August 2014, the Court of Arbitration attached to the Romanian Chamber of Commerce and Industry amended its arbitration rules and returned to the long-standing principle of party autonomy in the constitution of tribunals. Prior to that, for a period of roughly two years, the Court promoted an appointment mechanism… -
The Pemex case: the Ghost of Chromalloy Past?
Author: Lorraine Brennan | Publish Date: 15 October 2014The author recalls that the international arbitration community sat up and took notice when a recent decision issued by Judge Alvin K. Hellerstein from the Southern District of New York in the Pemex case ordered that an arbitration award that had been set aside by the Mexican courts could be… -
Women in Arbitration in Brazil
Author: Ana Carolina Weber | Publish Date: 28 August 2014The authors analyzed the present situation regarding women in arbitration in Brazil. Despite the encouraging developments in arbitration in Brazil, the authors found the current panorama not as promising as desired. Local statistics show that the percentage of female arbitrators listed with the most prominent Brazilian chambers is low. Lack… -
Five Facts About Recognition and Enforcement of Foreign Awards in Central and Eastern Europe
Author: Ileana Smeureanu | Publish Date: 26 June 2014Arbitration has become an accepted dispute resolution mechanism in Central and Eastern Europe (“CEE”) over the last two decades. Given the diversity of the countries in CEE, arbitral practice in the region is not entirely uniform despite the fact that most CEE countries are parties to international instruments meant to… -
Arbitration Clauses in Gas Supply Agreements
Author: Sandra de Vito Bieri | Publish Date: 15 May 2014One of the core elements of long-term Gas Supply Agreements are price review provisions (also called price reopener clauses), which allow parties to review the price of the gas during the life of the agreement. The importance of such clauses lies in the long-term nature of the agreements (often up… -
Efficiency at all cost – arbitration and consolidation?
Author: Lara Pair | Publish Date: 14 March 2014The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s law firm. Consolidation of multiple disputes into a single arbitration proceeding is considered progress with respect to the efficiency of the arbitration process. Consolidation is a procedural mechanism… -
Paperless Arbitrations – Where Do We Stand?
Author: Gillian Lemaire | Publish Date: 19 February 2014Technology in arbitration is of course a vast subject which has been addressed extensively by a number of writers. This article focuses briefly on the issue of reducing paper in arbitrations. It considers: How are practitioners currently dealing with paper reduction at the various stages of an arbitration, especially the…