Emergency arbitration is a mechanism that permits a disputing party to request urgent interim relief before an arbitral tribunal is formally constituted. It is designed to provide prompt interim measures in situations where waiting for the constitution of the arbitral tribunal would result in irreparable harm or immediate danger.[1] There are several important practical considerations […]
Asymmetrical Arbitration Clauses
Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […]
KCAB Arbitration
Founded in 1966, the Korean Commercial Arbitration Board (KCAB) is an arbitral institution in South Korea. It is the only institution statutorily authorised to settle disputes under the Korean Arbitration Act.[1] The KCAB was established to facilitate the resolution of commercial disputes and evolved to become a prominent player in both domestic and international arbitration. […]
Azerbaijan’s New Arbitration Law 2024: A Step Towards Modernization
On 25 January 2024, Azerbaijan’s new arbitration law came into force, marking a significant milestone in the country’s efforts to modernize its dispute resolution framework (the “Arbitration Law”). This law regulates both international and domestic arbitrations and is largely based on the UNCITRAL Model Law, bringing Azerbaijan’s arbitration regime closer to international standards. Structure The Arbitration […]
Judicial Expropriation in Investor-State Arbitration
Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […]