This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. The key features of the first generation reforms that took place between 2000-2005 addressed aspects of legislation, centralization and independence, and professionalization.
He drew a thread from the first arbitration law in Denmark under Christian V in 1683 to a bill on arbitration in 1972 to the enactment of the 2005 Danish Arbitration Act based on the 1985 UNCITRAL Model Law on International Commercial Arbitration. 13(4) and 16(4)).
18 IISD Model 2005 ). 11-18 IISD Model 2005 ). Absent these domestic mechanisms, when an investor initiates arbitration, the Contracting State might engage in a witch hunt and launch investigations to discover investor non-compliance purely to also claim damages. a IISD Model 2005 ). 1 Netherlands Model BIT 2019 ).
Pursuant to section 10 (1)(b)(ii) of the Carriage of Goods by Sea Act 1991 , the Australian Hague Rules apply to a contract of carriage of goods by sea from a port in Australia to another port in Australia. While US courts have held that Article 3(2) imposes a non-delegable duty on the carrier, UK courts have reached the opposite conclusion.
The Malaysian Arbitration Act 2005 (“the Act”) was previously amended in 2018, aligning it with the revisions of the UNCITRAL Model Law and the evolving practices of leading arbitration jurisdictions. In practice, our i-Arbitration model clause is integrated into many domestic and international contracts.
For these purposes, an express agreement that a particular law would govern the main contract (within which the arbitration agreement was contained) was not an agreement that this law should also apply to the arbitration agreement itself. The re-introduced Arbitration Bill now contains a carve-out to the Default Rule.
On 5 May 2024, the Civil and Commercial Court of the Qatar Financial Centre (“Court”), rendered its judgment in B v C on a setting aside application brought under the QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). Since the creation of the Court in 2009 (through an amendment in Law No.
Consequently, the HCCH’s ambition had to be curtailed, so the HCCH temporarily settled for adopting the Convention of 30 June 2005 on Choice of Court Agreements (“Choice of Court Convention”). However, the endeavour proved rather unsuccessful initially due to a lack of consensus on an array of divisive issues.
By virtue of Section 1(4) of the 2011 Act, the law applies retrospectively to foreign awards made from and after July 14, 2005, the date when Pakistan ratified the New York Convention 1958 through a Presidential ordinance.
” 1) Jan Paulsson, “Jurisdiction and Admissibility,” Global Reflections on International Law, Commerce and Dispute Resolution, ICC Publishing, Publication 693, November 2005, at 603. Additionally, contracting parties should also take special care when drafting arbitration clauses. The dispute in Decision No.
The decision will also be of interest to insurers, banks and any other third parties who deal with contractual rights arising under an English law contract containing a prohibition on assignment. He went on to note that “[h]ad [the transfer] been made under […] the insurance contract, the position might well have been different.
The issue before the Indian Supreme Court was whether the non-payment of stamp duty in a contract renders the arbitration agreement contained in the underlying contract unenforceable. 2005) 8 SCC 618] and National Insurance Co. Indo Unique Flame Ltd. and Ors. (“ NN Global ”) covered in a previous blog post here.
VR Van Raalte Reclame , 2005). Those restrictions potentially imposed on the contracting party may result in legal claims/counterclaims and might put the victim in a stronger bargaining position in settlement negotiations during or after arbitration proceedings. This has been the case in Germany ( KZB 75/21 , 2022), Sweden ( GE v.
The dispute concerns a 2005contract for satellite spectrum capacity and satellite-broadcast wireless access services. The parties to the contract were the respondent, Devas Multimedia Services (“ Devas ”), and Antrix Corporation Limited (“ Antrix ”), an Indian state-owned entity. The tribunal issued two awards. III of the NYC.
Mongolia was an ICSID arbitration under the Italy-Mongolia BIT and the ECT involving a dispute over works to be performed under a contract for the refurbishment of a thermal electric station. Between 2005 and 2011, Mongolia experienced a substantial increase in foreign direct investment (“FDI”), surging from $187.6 Alstom Power v.
According to Article II NYC, the courts of the Contracting States shall refer parties to arbitration if the dispute concerns “a matter capable of settlement by arbitration” (Article II.1) Article II NYC When a court has to decide on the enforcement of an arbitration agreement, Article II NYC applies.
In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU. The Court added that, despite its multilateral nature, the ICSID Convention essentially governs bilateral relationships between contracting parties.
In addition to the seat of arbitration being a Contracting State under the NYC, Section 44(b) stipulates one more condition, namely that the Indian Central Government must specifically notify the seat as a reciprocating territory. South Africa had acceded to the NYC in 1976, and the Courts decision was issued almost 29 years later, in 2005.
Increased use of local laws and seats, even in international contracts. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
2024:36, 07 June 2024 Anna-Maria Tamminen & Viktor Saavola, Hannes Snellman Attorneys, ITA Reporters for Finland The Supreme Court evaluated the enforceability of an arbitration clause included in the employment contract between a football coach and an athletic club. S2022/592, Decision No. Socits Opportunity et autres v.
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content