So far in 2010, at least two jurisdictions have established specialized courts to handle international arbitration matters ─ Australia (in the state of Victoria) and India (in Bombay).
Australia: Within Australia’s federal structure, international arbitration matters are in the jurisdiction of state supreme courts. In 2009, Australia’s Parliament gave the Federal Court [...] read more »
To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?
New Arbitration Law in the Republic of Georgia
In an analysis published last year, the Georgian authors Mgalobishvili and Kiknavelidze concluded that “there is no doubt that Georgia needs a lot of time and efforts in order to be finally established as a country friendly towards arbitration […].” 1 They identified measures which, in their opinion, should be taken by Georgia [...] read more »
Are Russian Commercial Courts Becoming More Cooperative (and Predictable) in Aid of Foreign Arbitration and Litigation?
The clearest indication of a shift in the approach of the Russian arbitrazh (commercial) courts* came in April 2010, when the Presidium of Russia’s Supreme Arbitrazh (Commercial) Court issued a precedential decision, holding that interim relief measures may be ordered by Russian arbitrazh courts in aid of foreign arbitration. The ruling has resolved an [...] read more »
Good Faith and Ethics in International Arbitration: An Important Initiative by the IBA Arbitration Committee
Is there a duty to arbitrate in good faith? Is there a need for a Code of Ethics in international arbitration? Those are certainly amongst the most important questions for the future development of the law and practice of arbitration. They have been hotly debated in occasion of certain recent and much publicized cases. And [...] read more »
The Forgotten Bilateral Arbitration Agreement Between Sweden and The USSR: A New View on Enforcement of Sweden and Russia
It is well known that the New York Convention is widely recognized as a foundational instrument of international arbitration. In addition to this Convention, there are also international bilateral agreements in which Paragraph 1 of Article VII of the New York Convention specifically refers to and determines the relationship between its provisions and other agreements.
One [...] read more »
Bilateral Investment Treaty Protections And Not-For-Profits: Practically, Is It Worth It?
It is rather interesting to read in the news about how some governments have chosen to “fund” their own government. One government went so far as to simply clear out the checking accounts of small businesses and not-for-profit organizations (”NGOs”). Another government, not necessarily seeking funding but presumably disagreeing with the purpose and/or presence of [...] read more »
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