Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […]
News
KCAB Arbitration
Founded in 1966, the Korean Commercial Arbitration Board (KCAB) is an arbitral institution in South Korea. It is the only institution statutorily authorised to settle disputes under the Korean Arbitration Act.[1] The KCAB was established to facilitate the resolution of commercial disputes and evolved to become a prominent player in both domestic and international arbitration. […]
Azerbaijan’s New Arbitration Law 2024: A Step Towards Modernization
On 25 January 2024, Azerbaijan’s new arbitration law came into force, marking a significant milestone in the country’s efforts to modernize its dispute resolution framework (the “Arbitration Law”). This law regulates both international and domestic arbitrations and is largely based on the UNCITRAL Model Law, bringing Azerbaijan’s arbitration regime closer to international standards. Structure The Arbitration […]
Judicial Expropriation in Investor-State Arbitration
Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […]
A Procedural Guide to FIFA Dispute Resolution
Headquartered in Zurich, Switzerland, the Fédération Internationale de Football Association (FIFA) is the international governing body of association football,[1] with 211 affiliated associations across the globe.[2] Among its objectives are the regulation and governance of all aspects of the game of football,[3] which it facilitates through the FIFA Statutes (which serve as the organisation’s constitution), as […]
The Impartiality Test: How Unbiased Can an Arbitrator Truly Be?
“It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done”[1], Lord Hewart said and made history. How unbiased can an arbitrator truly be? This note showcases the tests and challenges of impartiality in arbitration. The “Impartiality […]
International Arbitration in Hainan
International arbitration in Hainan has gained prominence in recent years due to China’s strategic development of the Province of Hainan as a free trade zone, a free trade port and, generally, an international business hub. Hainan is positioned to play a key role in handling commercial disputes, particularly within the context of cross-border investments and […]
Claiming Interest in Arbitrations in the Middle East
Sharia law shapes the legal frameworks in the Middle East. Traditionally, it was the primary uncodified source of law in the region. However, throughout the 20th century, many Middle Eastern countries developed their own Civil Codes, which continue to be rooted in Sharia principles. One of the key areas where Sharia law exerts substantial influence […]
Arbitration and Winding Up: Diverging Approaches
Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
