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 […]
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 […]