…step further by ordering Spain to prevent implementation of the award by taking “all appropriate measures to prevent Antin (..) from seeking recognition, enforcement and execution of the award” (Decision,…
…how non-institutional (or non-administered) arbitrations are conducted in Kenya when the parties have agreed to use the rules of the Chartered Institute of Arbitrators (Kenya Branch). Kenya’s Arbitration Rules introduce…
…countered, citing scientific evidence for the ban and emphasising its right to regulate for environmental protection under the TCA. Findings of the Tribunal The Tribunal’s decision was issued on…
…sought to circumvent the agreement to arbitrate citing, inter alia, CADER’s legitimacy and constitution challenges. Taking judicial notice of CADER’s challenges as an arbitral institution in Uganda, the trial judge…
…possibilities, but certainly more limited, recourse for claimant investors. International Perspectives The second panel picked up from the perspective of the global, multilateral system of rules and alliances spearheaded by…
…been driven by a laissez-faire ideal of party autonomy. The most popular sets of procedural rules provide for almost unlimited liberty of parties to appoint arbitrators—as long as these arbitrators…
…in particular on Germany and France, two countries often viewed as taking contrasting positions on this issue. Additionally, the impact of foreign annulment decisions confirming the award on enforcement proceedings…
…preferred seat for international arbitration, providing clearer rules and a stronger enforcement regime. Most leading arbitration jurisdictions (e.g., UK and Singapore) separate arbitration from other ADR methods, making arbitration more…
…as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles.”…
…and arbitral institutions are debating whether disclosure should be mandatory. The ICC (International Chamber of Commerce) and SIAC (Singapore International Arbitration Centre) have introduced soft guidelines and rules on funder…
…in the future, in the absence of submission and evidence from an absent party to the contrary”. Similarly, in Voltas Ltd v York International Pte Ltd [2024] SGCA 12, the…
…up to 90% that can be achieved in arbitration with existing AI tools, such as summarizing depositions and analyzing documentary evidence. She emphasized that commercial clients expect law firms to…
…DRC, the parties were bound by the DRC Mediation & Arbitration Rules (the “Rules”), which mandated arbitration. Article 69 of the Rules provided that “[u]nless the parties agree otherwise, the…
…is tribunal discretion under Article 38 of the ICC Rules or other similar institutional rules? The decision raises fundamental questions: Did the tribunal exceed its authority by allocating costs for…
…such issues, including the Blockchain Expedited Arbitration Rules by the London Chamber of Arbitration and Mediation(LCAM), aimed at resolving disputes in the Web3 and digital asset space, and the UNCITRAL…
…drawn from actual cases. The IBA Guidelines refined the approach pioneered by the 1987 IBA Rules of Ethics for International Arbitrators, which themselves were shaped by the lessons of 20th-century…
…decisions that ultimately must be incorporated into the final award to have a binding effect. While institutional rules governing emergency arbitration were said to vary, unpredictability remains a common risk….
…appeal may stem from either the arbitration agreement itself or the arbitration rules agreed upon by the parties. Regarding Article 34(2) of the UNCITRAL Arbitration Rules, the Court of Appeals…
…with the expiration of the six-year limitation period for lockdown-related claims and the ongoing war in Ukraine. Bird also emphasised that claims are taking longer to resolve, a development that…
…judge-less process with no real guardrails. This, he argued, enables direct engagement with the other side – it is all about taking them along on the journey. Charlotte Pope-Williams drew…
…members. How the Timing of Evidence Production Affects Litigation and Arbitration The panel discussed how the sequencing of evidence production can significantly influence the course of proceedings, particularly when comparing…
…budgeting for ESG initiatives, integrating them into contracts and anticipating disputes. As the IBA Arbitration Committee’s 2023 Report on ESG Obligations and Related Disputes notes, this contractual embedding is essential…
…the near future. In the crypto space, the classification of digital assets remains unsettled. Skinner noted that UK courts are taking a proactive role, and regulatory developments such as Property…
…Convened in accordance with the Chatham House Rules and moderated by Frederico Singarajah (Gatehouse Chambers), the session brought together a distinguished panel comprising Jeffrey Elkinson (Carey Olsen), Professor Loukas Mistelis…
