On 6 September 2023, the Law Commission of England and Wales (the “Law Commission”) published its long-anticipated Final Report on the Reform of the 1996 English Arbitration Act (“Final Report”), along with a helpful summary of its Final Report. Procedural History In March 2021, the Law Commission was tasked by the Ministry of Justice to determine […]
Enforcement of Investment Arbitration Awards
International investment arbitration has emerged as a vital component of international business law, offering a specialised mechanism for resolving disputes between foreign investors and host States of investment. The enforcement of investment arbitration awards is one of the most critical aspects of the dispute resolution process. Unless the decisions reached were legally binding and effectively […]
Summary Procedures in International Arbitration
Summary procedures in international arbitration mean procedures by which the arbitral tribunal determines certain points of fact or law at an early stage of the proceedings, potentially dispensing with the need for further arbitration proceedings. Summary proceedings can be a blessing to a respondent facing frivolous claims that obviously lack merit, as a successful dismissal […]
Reform of Arbitration Law in Luxembourg
On 23 March 2023, Bill n° 7671/07, entitled Bill of Reform and Modernisation of Arbitration (the “Bill”), which sought to reform the arbitration law in Luxembourg, was unanimously passed in the Chamber of Deputies, Luxembourg’s legislature. The Preamble of the Bill describes the context of the reform by noting that Luxembourg’s arbitration law had not […]
Expedited Arbitration
Expedited arbitration (or fast-track arbitration) has gained traction in recent years, in response to the length and cost of traditional international arbitration. The first expedited arbitration scheme appears to have been introduced in the 1992 Arbitration Rules of the Geneva Chamber of Commerce and Industry Arbitration Rules (“CCIG”).[1] Today, most leading arbitral institutions have adopted specific […]