…of the seat as the proper law of the arbitration agreement. The court gave primacy to the law of the seat for two reasons: The validity, existence and effectiveness of…
…on the conduct of the arbitration under the ICC Rules of arbitration refers to a duty of the arbitrators to disclose relationship with any entity having a direct interest in…
…the core of this debate since they are the first institutional rules that have included provisions regulating the legal representatives’ conduct. Article 18 of the Rules deals with the parties’…
…to fulfill the terms of the license. According to the claimants, the CMC prohibited the claimants from exercising their right to operate the international gateways. This, in turn, deprived the…
…of Commerce (“CBB Rules of Arbitration”) were an integral part of the parties’ procedural agreement. Article 31.21 of the CCB Rules of Arbitration confirms the arbitrators’ discretion to conduct the…
…of the ICC arbitration itself. The SC instead chose to tread the narrow path of going by the strict construction of the wording of Section 11(6) of the Arbitration Act,…
…guidelines is in relation to how they apply to counsel. In an LCIA arbitration proceeding under the new Rules, a legal representative must agree to comply with the guidelines as…
…arbitration agreement’s implied proper law. Applying the Choice-of-Law Framework, the SGCA reasoned that: The Express Choice-of-Law Analysis did not apply as the parties had not expressly chosen the arbitration agreement’s…
…following parameters: The text The Eiser Parties’ assertion that the provision only applies to procedural deficiencies regarding the constitution of the Tribunal at the outset of the arbitration was rejected….
…apply Egyptian Law to the arbitration, but, more important, they agreed that the arbitration ends with the decision of the arbitral panel. Race to the court Despite the arguments made…
…force of the 1977 Commercial Code of Seychelles Act inserted a new Article 227(2) into the 1920 Seychelles Code of Civil Procedure, which states that “[a]rbitral awards under the New…
…2020 on the legal consequences of the Achmea judgment. In the Declaration of the Member States of 15 January 2019 on the legal consequences of the Achmea judgment and on…
…or the e-arbitration provider should determine the seat of arbitration. Domicile or place of business of the parties, nationality of the parties and the location of the e-arbitration provider are…
…thwarting the confidentiality of arbitration.1) In February 2020, the VIAC and the HKIAC jointly applied to the Russian Ministry of Justice and to its Council for the Development of Arbitration…
…the party representatives, and the list of electronic documents proposed to be referred to in the hearing. The “dry run” or the practice round enabled the tribunal to tighten loose…
…1072b(4); UNCITRAL Arbitration Rules 2010, art. 28(4); London Court of International Arbitration (LCIA) Rules, art. 19.2; International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian…
…not under the control of the parties to the arbitration. Witnesses are often not parties to the dispute. The reference to witnesses ought not to connote only party witnesses. The…
…the court should accord “substantial deference” to the tribunal in the exercise of its wide procedural discretion in the conduct of the arbitration.14) Jaguar Energy at [103]. There is a…
…Uber paid the commencement fee or by severing the provisions requiring the arbitration to proceed according to the ICC rules and the place of arbitration such that it was unnecessary…
…D. JIMENEZ, ICC Bulletin, 2017 p. 8-10. Leaving aside the peculiarities of these rules, Article 16 of the UNCITRAL Arbitration Rules adopts, as opposed to the PCA Arbitration Rules, a…
…when it comes to the “exchange” of documents under Art. II para 2 of the Convention.2) The Court cited the Compagnie decision and the NYC Guide, at 56-57. The Court…
…enforcement procedures already in 2014. In the United States, to enforce an arbitration award against a state, the petitioner must show that any of the exceptions under the Foreign Sovereign…
…caveats, “…the Government of India declare that they will apply the Convention to the recognition and enforcement of awards made only in the territory of a State, party to this…
The signatories of the Energy Charter Treaty (“ECT”) have begun the process of the Treaty’s modernisation. This is by no means a small task given the complexity of the Treaty’s…
