International arbitration is an increasingly popular method for the resolution of intellectual property (“IP”) disputes. This does not come as a surprise, considering the increasing importance of intellectual property to economic prosperity, international trade and commercial profits in today’s globalized and digitalized world. Traditionally, IP disputes were mainly heard by national courts. This is because […]
IBA Rules and Guidelines Regarding International Arbitration: An Overview
The International Bar Association (“IBA”) has published several rules and guidelines relating to international arbitration which are designed to streamline the arbitral procedure and facilitate the use of international arbitration as an alternative means of dispute resolution. In principle, the IBA rules and guidelines are not legal provisions and thus do not override any applicable […]
International Arbitration in the Seychelles
International arbitration in the Seychelles is primarily governed by the Commercial Code of Seychelles, Chapter 38 (1 January 1977) Title IX (the “Commercial Code Act”) and supplemented by the Seychelles Code of Civil Procedure, Chapter 213 (15 April 1920, as amended) (the “Code of Civil Procedure”). The legal system of the Seychelles represents a peculiar […]
International Arbitration in Australia: Legal and Institutional Framework
International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth)(“IAA”) as amended in 2010, 2015 and 2018. The legal and institutional framework related to arbitration in Australia has been significantly amended over the past decade as part of a wide-reaching arbitration reform aimed at promoting Australia as an attractive regional seat for […]
Sports Arbitration: Certain Unique Features and the Court of Arbitration for Sport (the “CAS”)
Sports arbitration can broadly be defined as a method of resolving sport-related disputes by a final and binding arbitral decision. Today, arbitration has been firmly established as the predominant method for resolution of sports disputes, mainly thanks to the uniform practice and abundant, publicly-available caselaw of the Court of Arbitration for Sport (the “CAS”), based […]