| Date | Author | Title |
|---|---|---|
| 03/07/2019 | Marion Lespiau |
Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative?
Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants… |
| 18/04/2019 | Floriane Lavaud, Edna Sussman |
Vienna Arbitration Days: How to Deal with Biases and Cultural Differences and Other Practical Issues
In the beautiful surroundings of the Palais Niederosterreicher, the 200+ delegates at Vienna Arbitration Days (VAD) 2019 were warmly welcomed by members of the Organising… |
| 29/06/2018 | Cherine Foty |
U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
On May 21st, 2018, the Supreme Court of the United States in Epic Systems Corp. v. Lewis (“Epic Systems”) held in a 5-4 majority that… |
| 06/04/2018 | Ava Borrasso |
U.S. District Courts Rule Consent Awards Fall Within New York Convention
The importance of memorializing a settlement agreement into a consent award was recently highlighted in Transocean Offshore Gulf of Guinea Vii v. Erin Energy Corp.,… |
| 24/03/2018 | Paula Paixao, Silva Zarazinski |
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil… |
| 12/09/2017 | Mirèze Philippe |
Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (II)
As mentioned in Part I, a two-day conference on “Equal Access to Information & Justice, Online Dispute Resolution”, organised by the ICC took place in… |
| 11/09/2017 | Mirèze Philippe |
Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (I)
A two-day conference on “Equal Access to Information & Justice, Online Dispute Resolution”, organised by the ICC took place in Paris on 12-13 June. Over… |
| 26/06/2017 | Velislava Hristova |
Changes in the Arbitration Law: Greater Certainty for Consumers Comes with Greater Control over Arbitration in Bulgaria
Since the end of January 2017, a new law amending and supplementing the Code of Civil Procedure became effective (the “Law”). It also provides for… |
| 12/06/2017 | Juliette Fortin, Philippe Sales |
Possible Sources Of Disagreement Between Quantum Experts In Discount Rate Estimation: A Review Of ICSID Awards
Quantum experts often rely on the Discounted Cash Flow (DCF) approach to assess losses. The DCF approach is one of the most widely-used and accepted… |
| 28/12/2016 | Tejas Shiroor |
The Year 2016 for India – Of New Beginnings and Not-So-Happy Endings?
The last week of November 2016 was an eventful and rather paradoxical week for India. While India and Brazil successfully concluded negotiations for a new… |
| 05/12/2016 | Ana Carolina Weber |
Let’s Remember: In Brazil, the Civil Procedure Code is Not Automatically Applicable to Arbitral Proceedings
In the last fifteen years, the use of arbitration as an alternative dispute resolution method has grown in Brazil. Not only has the arbitration law… |
| 31/10/2016 | Mirèze Philippe |
Redressing the Balance: The Path Ahead for Gender and Generational Diversity on Arbitral Tribunals
On 19 September 2016, Freshfields hosted an ICC YAF event at its London offices on gender diversity in arbitration and the Pledge for Equal Representation… |
| 08/09/2016 | Mirèze Philippe |
One Step Further after the Launch of the ERA Pledge: A Search Service for Female Arbitrators Appointments
The Equal Representation in Arbitration (ERA) Pledge (“Pledge”) launched on 18 May 2016 in London had the effect of a snowball that grew bigger and… |
| 02/06/2016 | Mirèze Philippe |
Equal Representation in Arbitration (ERA) Pledge: A Turning Point in the Arbitration History for Gender Equality
The launch of the Equal Representation in Arbitration (ERA) Pledge on 18 May 2016 in London marks a historic moment in international arbitration. The Pledge… |
| 23/03/2016 | Louise Woods |
Fit for purpose? The EU’s Investment Court System
On 12 November 2015, in the context of its negotiations for the Transatlantic Trade and Investment Partnership (TTIP) and in a bid to address growing… |
| 04/03/2016 | Ayça Aydin |
Istanbul Arbitration Centre
A new arbitration institution has opened its doors and has already started to register its cases in Istanbul. The Istanbul Arbitration Centre (ISTAC) has become… |
| 29/12/2015 | Athina Fouchard Papaefstratiou |
The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
On 12 November 2015, the European Commission rendered public and put on the negotiation table with the United States a proposal regarding the investment chapter… |
| 11/12/2015 | Monica Feria-Tint |
Growing Appreciation for Arbitration for Trade and Investment disputes in Latin America. (Moving towards English Common Law)
The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world,… |
| 27/11/2015 | Louise Barrington |
Mooties Making A Difference: Reaching Out To Build In Cambodia
A 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… |
| 16/09/2015 | Mirèze Philippe |
Hypochondria About the Place of Arbitration in Online Proceedings
Hypochondria 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… |
| 31/08/2015 | Lara Pair |
What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards
There are a number of questions that influence how arbitration treats cases in which an award is challenged successfully. A court overturns an award declining… |
| 25/08/2015 | Helena Chen |
The PRC’s New Provisions on Recognition and Enforcement of Taiwan’s Civil Judgments and Arbitral Awards
To 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… |
| 22/07/2015 | Athina Papaefstratiou Fouchard |
TTIP: The French Proposal For A Permanent European Court for Investment Arbitration
On 2 June 2015, the French Minister of Foreign Trade, Matthias Fekl, submitted to the European Commission a proposal regarding the Investor-State dispute settlement (ISDS)… |
| 01/07/2015 | Cherine Foty |
The Evolution of Arbitration in the Arab World
Arbitration in the Arab World is a hot topic these days. Over the past few decades the Arab World has become a region at the… |
| 21/05/2015 | Lara Elborno |
Roundtable Report : “Les femmes dans l’arbitrage, Est-ce si différent?”
The article explores some of the issues that were the focus of a recent roundtable on women in arbitration organized on 5 May 2015 by… |
| 27/04/2015 | Ileana Smeureanu |
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”
This 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,… |
| 17/03/2015 | Maxi Scherer |
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Issues relating to the conduct of legal representatives in international arbitration have attracted significant attention in recent years. The author notes that there is a… |
| 25/02/2015 | Barbara Rumora-Scheltema and Bo Ra Hoebeke |
The New Dutch Arbitration Act 2015
The New Act entered into force on 1 January 2015 in relation to arbitrations commenced on or after 1 January 2015. The New Act is… |
| 16/01/2015 | Bronwyn Lincoln |
New arbitration rules for the Victorian Supreme Court – another step in the State’s commitment to international commercial arbitration
Following the 2010 amendment of the International Arbitration Act and parallel legislative reform in many of the States and Territories, Australia now has clear and… |
| 19/12/2014 | Yasemin Çetinel |
Losing Entitlement to Claim and Resort to Dispute Resolution in Construction: Time Bar Provisions and the Turkish Approach
Characterized as a topic strongly connected to the dispute resolution arena, time bar provisions appear at the top of the list of priorities with regards… |
| 01/12/2014 | Cristina Elena Candea |
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
In 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… |
| 15/10/2014 | Lorraine Brennan |
The Pemex case: the Ghost of Chromalloy Past?
The author recalls that the international arbitration community sat up and took notice when a recent decision issued by Judge Alvin K. Hellerstein from the… |
| 25/09/2014 | Kirstin Dodge, Simon Vorburger and Gabrielle Nater-Bass |
Investment Protection – Swiss Style
The authors recall that historically Switzerland has been an attractive location for international corporate headquarters. Switzerland was the first State after Germany to enter into… |
| 28/08/2014 | Ana Carolina Weber and Eleonora Coelho |
Women in Arbitration in Brazil
The authors analyzed the present situation regarding women in arbitration in Brazil. Despite the encouraging developments in arbitration in Brazil, the authors found the current… |
| 22/07/2014 | Mirèze Philippe |
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
In 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… |
| 26/06/2014 | Ileana Smeureanu |
Five Facts About Recognition and Enforcement of Foreign Awards in Central and Eastern Europe
Arbitration has become an accepted dispute resolution mechanism in Central and Eastern Europe (“CEE”) over the last two decades. Given the diversity of the countries… |