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Equal Representation in Arbitration (ERA) Pledge: A Turning Point in the Arbitration History for Gender Equality
Author: Mirèze Philippe | Publish Date: 02 June 2016The launch of the Equal Representation in Arbitration (ERA) Pledge on 18 May 2016 in London marks a historic moment in international arbitration. The Pledge is a call to the international dispute resolution community to commit to increase the number of female arbitrators on an equal opportunity basis. All players…
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Fit for purpose? The EU’s Investment Court System
Author: Louise Woods | Publish Date: 23 March 2016On 12 November 2015, in the context of its negotiations for the Transatlantic Trade and Investment Partnership (TTIP) and in a bid to address growing criticism of investment treaty arbitration, the European Commission made a formal proposal for a reformed approach to investment protection and an apparently more transparent system… -
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… -
Mooties Making A Difference: Reaching Out To Build In Cambodia
Author: Louise Barrington | Publish Date: 27 November 2015A few weeks ago, a small team of educators gathered in Phnom Penh for the second Vis East Moot Foundation Capacity Building Programme (VEMF-CBP) for Cambodian law students. What made this programme different from other occasional, one-off forays into Cambodia by dozens of NGO’s and law firms is that this… -
Hypochondria About the Place of Arbitration in Online Proceedings
Author: Mirèze Philippe | Publish Date: 16 September 2015Hypochondria is defined as an excessive preoccupation with one’s health, usually focusing on some particular symptom. Could excessive preoccupation about the place of arbitration in online dispute resolution be assimilated to hypochondria? Are discussions that we hear from time to time and recently during the electronic conference on Technology in…
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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… -
The Evolution of Arbitration in the Arab World
Author: Cherine Foti | Publish Date: 01 July 2015Arbitration in the Arab World is a hot topic these days. Over the past few decades the Arab World has become a region at the forefront of international arbitration expansion. With increasing numbers of commercial actors coming out of the Arab World and with regional arbitration centers being established in…
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Roundtable Report: “Les femmes dans l’arbitrage, Est-ce si différent?”
Author: Lara Elborno | Publish Date: 21 May 2015The article explores some of the issues that were the focus of a recent roundtable on women in arbitration organized on 5 May 2015 by the Université de Versailles and its Master Arbitrage et Commerce International in cooperation with the ICC and ArbitralWomen. Taking place at the ICC, more than…
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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… -
Investment Protection – Swiss Style
Author: Gabrielle Nater-Bass | Publish Date: 25 September 2014The authors recall that historically Switzerland has been an attractive location for international corporate headquarters. Switzerland was the first State after Germany to enter into bilateral investment treaties (“BITs”) beginning in 1961. To date, after having signed more than 130 BITs, Switzerland is clearly committed to the availability of investor-state… -
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… -
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
Author: Mirèze Philippe | Publish Date: 22 July 2014In this blog, the launch of the Guide for In-House Counsel and Other Party Representatives on Effective Management of Arbitration Guide (‘Guide’) is reported. Time and costs in arbitration is a debate that started several years ago and remains a concern for the business and for the dispute resolution practitioners…
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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…