Traditionally, investment arbitration and environmental protection existed in separate spheres, with the former primarily focused on protecting the rights of investors and the latter concerned with safeguarding the environment. However, this separation has blurred as environmental issues have gained prominence on the international stage. In recent years, the intersection of environmental concerns and investment arbitration […]
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New 2024 CIETAC Arbitration Rules
The China International Economic and Trade Arbitration Commission (CIETAC) has recently introduced the 2024 CIETAC Arbitration Rules. These rules, which came into effect on 1 January 2024, have been tailored to meet the evolving needs of parties and arbitral tribunals involved in CIETAC arbitrations. This edition marks the 9th revision of the regulation after the […]
2023 Amendments to the UAE’s Arbitration Law
In September 2023, Federal Law No. 15 of 2023 entered into force (the “2023 Arbitration Law”) in the United Arab Emirates (“UAE”), introducing certain amendments to key provisions of Federal Law No. 6 of 2018 on arbitration (the “2018 Arbitration Law”). Federal Law No. 6 of 2018 applies to arbitrations seated onshore in the UAE […]
Can Arbitrators Promote Settlement in Arbitration?
Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]
ICC Emergency Arbitration
ICC emergency arbitration offers parties an alternative to state courts’ jurisdiction in seeking interim or conservatory relief. This procedure was introduced in 2012 with Article 29 of the ICC Rules and Appendix V.[1] The emergency arbitration provisions apply by default to arbitration agreements concluded after 1 January 2012 unless the parties have opted out.[2] The […]
Admissibility of Illegally Obtained Evidence in International Arbitration
Factual evidence plays the key role in international arbitration, as in all dispute resolution. It is generally accepted that a claim or defence of a party needs to be supported by evidence. However, a question arises about the admissibility of illegally obtained evidence in international arbitration. How do arbitral tribunals approach this issue? Evidence in […]
Milan Chamber of Commerce (“CAM”) Arbitration Rules
The Milan Chamber of Arbitration (Camera Arbitrale di Milano or the “CAM”) issued revised arbitration rules that entered into force on 1 March 2023 (the “CAM Arbitration Rules“), following the long-awaited reform of Italian arbitration law (see International Arbitration in Italy: 2022 Amendments). The Milan Chamber of Arbitration, which forms part of the Chamber of […]
Aceris Law Succeeds in Resolving Complex Wind Farm Dispute Subject to English Law
Aceris Law is pleased to have successfully resolved another complex dispute for a well-deserving client. The case concerned the development of wind farms in an Eastern European country, with a number of interrelated contracts under English law calling for the resolution of disputes pursuant to LCIA arbitration. Following unforeseen events that impacted the project, a […]
Arbitration and the Revised Swiss Private International Law Act
The Swiss Private International Law Act (“PILA”), codified in the Federal Act on Private International Law of 18 December 1987, is likely the most complete codification of private international law in the world. Initially introduced in Swiss legislation to strengthen Switzerland’s position in the field of international law, the PILA was recently revamped to accommodate […]
