Collective Arbitration Against Russia By Ukrainian Businesses Expropriated In The Crimea Is collective arbitration against Russia for the expropriations of Ukrainian assets occurring in Crimea possible? An article in the New York Times dating from 11 January 2015 notes that the plunder of Ukrainian-owned assets is continuing in the Crimea on a large scale today. Armed forces known as the “people’s militia” are invading […]
2014 In-House Counsel Survey On Arbitration
2014 In-House Counsel Survey On Arbitration Today’s General Counsel has reported the latest survey concerning whether arbitration should be preferred to litigation to resolve disputes. In-house counsel appreciate the less formal setting for resolving disputes via arbitration, as well as the possibilities that it allows to avoid bad court systems and runaway jury decisions. When sensitive facts […]
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia?
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia? Under at least the Hanbali school of Islamic jurisprudence, which is the official fiqh recognized by Saudi Arabia, Article 4(2) of the IBA Rules of Evidence in International Arbitration plainly conflicts with Islamic Sharia as understood by Hanbali jurisprudence. This […]
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit New 2014 LCIA Rules Introduce Default Rule that the Law Applicable to an Arbitration Agreement is the Law of the Seat By Hussein Haeri The autonomy and separability of an arbitration clause from its underlying contract is a […]
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards Under The New York Convention. The grounds for resisting the recognition and enforcement of arbitration awards under the New York Convention are often poorly explained. The New York Convention, which governs the recognition of foreign arbitration awards in 150 countries, imposes a mandatory rule that […]