Archive for the 'Other Issues' Category

More on Corporate Criticism of International Arbitration

I recently spoke at a conference co-sponsored by the Milan Chamber of Arbitration and the ICC on the occasion of the publication of the new Italian arbitration treatise entitled Commentario Breve al Diritto Dell’Arbitrato Nazionale ed Internazionale (CEDAM 2010) by my colleague Massimo Benedettelli, along with co-authors Claudio Consolo and Luca Radicati di Brozolo. [...] read more »

Here Comes the Sun …

The 2010 World Cup may have come and gone (good, or perhaps bad news, depending where you stand on this), as by the looks of it (at least from where I’m sitting in London, SE1), has our short-lived summer. Thoughts spring to mind: why did we ever complain about the sweaty carriage on the London [...] read more »

The Impact of Stolt-Nielsen on Drafting Arbitration Clauses

The United States’ Supreme Court opinion in Stolt-Nielsen S.A. v. Animalfeeds International Corp. has already been the focus of much discussion in both U.S. and international arbitration circles. One area of interest for arbitration practitioners is the impact which the decision may or should have on how drafters of arbitration clauses should address the [...] read more »

Institutions Need to Publish Arbitrator Challenge Decisions

A defining characteristic of international arbitration is the ability to choose the decision-makers who determine the dispute. The parties’ right to choose their arbitrator is qualified by the requirement that the arbitrator adhere to standards of independence and impartiality. Where the parties consider that the arbitrators do not meet these standards, they can [...] read more »

Dispute Resolution in Abu Dhabi (Part 3) – A Lot Now Rides on Success of the DAB System

The most commonly used form of construction contract in the Gulf is the FIDIC form. Although the FIDIC forms, for project procurement and consultantcy services, progressed slowly over the years, culminating in the burst of colours in the suite of contracts issued in 1999, some parts of the Middle East still use the [...] read more »

Is International Investment Arbitration Undertheorized?

In the last month, two professors mused to one of the authors that “international investment arbitration is undertheorized”. One of the professors is a serious scholar of international law. The other professor was a former clerk at The Hague and writes about international investment arbitration. Their comment got us thinking: Is international [...] read more »