Provisional measures are a temporary remedy granted by courts and tribunals in exceptional circumstances. Provisional measures aim to preserve the respective rights of the parties pending the decision of the court or tribunal.[1] While it is generally accepted that provisional measures can be granted in international arbitration, as before the ICJ, the circumstances under which […]
Fixed Deadlines in Arbitration Agreements: Pros and Cons
Arbitration, as an alternative dispute resolution mechanism, has gained broad acceptance due to its flexibility, efficiency, and ability to provide a simplified method for resolving disputes. Time management is crucial to the efficiency of arbitration, as prolonged disputes can result in higher costs and reduce its advantages. The question of whether fixed deadlines in arbitration […]
Navigating LNG Price Arbitrations
The global energy sector is changing significantly as liquefied natural gas (LNG) becomes increasingly important in meeting growing energy demands and addressing environmental concerns. Even before COVID-19, the natural gas markets underwent such rapid evolution that they disrupted established long-term supply contracts, leading to waves of LNG price arbitrations. While LNG price arbitrations may harbour […]
Environmental Concerns in Investment Arbitration
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 […]