All posts in BUSINESS LAW

This chapter examines the choice of substantive law applied to the merits of the parties’ dispute in an international arbitration. The chapter first considers the choice of substantive law by international arbitrators in the absence of any agreement by the parties as to the law governing their dispute, including the . . . Read more

This chapter addresses the subject of provisional or interim measures of protection (“provisional measures”),1 designed to protect parties or property during the pendency of international arbitral proceedings. Properly defined, “provisional measures” are awards or orders issued for the purpose of protecting one or both parties to a dispute from damage . . . Read more

This chapter explores the procedural aspects of international arbitral proceedings in commercial, investment and inter-state settings. First, the chapter considers the choice of procedures in international arbitration, including the autonomy of parties to select procedures, the limits on that autonomy and the discretion of arbitral tribunals to establish arbitral procedures. . . . Read more

The selection and removal of arbitrators is one of the most important aspects of international arbitral proceedings.1 This chapter first examines the selection of arbitrators, including by the parties’ agreement and by non-judicial appointing authorities. Second, the chapter considers the role of national courts in selecting arbitrators. Third, the chapter . . . Read more

International arbitrations take place within a complex and vitally-important international legal framework. As summarized in this introductory chapter, contemporary international conventions, national arbitration legislation, and institutional arbitration rules provide a specialized and highly-supportive enforcement regime for most contemporary international commercial arbitrations and international investment arbitrations. A significantly less detailed legal . . . Read more

A critical issue in any international arbitration is the location of the arbitral seat (or place of arbitration). This chapter examines practical and legal issues arising in connection with the selection of the arbitral seat. First, the chapter examines the meaning and importance of the choice of the arbitral seat. . . . Read more

As we have seen, virtually all international and national legal regimes regard arbitration as consensual and provide that only the parties to an arbitration agreement are obliged to comply with that agreement.1 In most cases, the parties to an arbitration agreement are—and are only—the entities that executed the underlying contract . . . Read more

Under the New York Convention, other international arbitration instruments, and most national arbitration regimes, parties enjoy broad autonomy to draft international arbitration agreements in the fashion they desire. The parties’ autonomy inevitably produces a wide range of different arbitration agreements. Arbitration clauses can be very short (a few words) or . . . Read more

The formation and validity of international arbitration agreements are of vital importance to the arbitral process. Both issues arise in many international arbitration cases and can have a decisive impact on the course of arbitral proceedings. This chapter provides an overview of issues relating to the formation and validity of . . . Read more

It is elementary that international arbitration is consensual: without an agreement to arbitrate, of some sort, there can be no arbitration.1 At the same time, the terms of the parties’ arbitration agreement play a central role in defining the character of any arbitration, including the arbitral proceedings, and in producing . . . Read more