Are Witnesses Still Required to Take an Oath in UAE-Seated Arbitrations?
…a concern in relation to the expert not taking an oath. In its decision, the COC cited Article 30(1) of the DIAC Rules 2007, which is the relevant provision, and…
Search Results for: iba rules on the taking of evidence
Brazil, Brazilian Arbitration Act, Impartiality, Independence, Independence and Impartiality, Latin America
Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators
…of item 1.2 of the Non-Waivable Red List of the IBA Guidelines on Conflict of Interest (“IBA Guidelines”). Moreover, the IBA Guidelines do not directly address the relationship between private…
Emergency Arbitration in the English Arbitration Bill: A Leap Forward?
…there has been no express reference to emergency arbitration in the EAA. The reason is understandable as the concept first emerged in 2006 through the ICDR Rules (last amended in…
Reflections and Outlook on the Fifth Anniversary of the Campaign for Greener Arbitrations
…rules and resources for remote hearings. In addition to written materials, CGA members actively participate in global events and arbitration weeks by hosting substantive programming and informal networking gatherings, both…
Bahrain Court of Cassation Further Consolidates Pro-New York Convention Practice
…national procedural rules of each contracting State, subject to the requirement that those rules do not impose additional grounds for refusal other than that prescribed in the . Article 3…
The Contents of the European Investment Law and Arbitration Review, Volume 9, Issue 1 (April 2024)
…treaty law. It was the time when the European Union (EU), and most significantly, the European Commission assumed a more active role in shaping policy and rules. We identified a…
Latvia Takes a Bold Leap: Embracing International Standards with the Arbitration Law Reform
…the witnesses can be questioned in arbitration court hearings according to the internationally established practice. Additionally, the arbitral tribunal will be entitled to request the court’s assistance in taking evidence,…
ArbitrateAD, Arbitration institution, DIAC, Dubai, Middle East, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Singapore, United Arab Emirates
The Aftermath of Decree 34: The Saga Continues in Singapore
…its rules to explicitly provide that it would take over the administration of DIFC-LCIA arbitration clauses entered into by the Effective Date, the recently launched rules of the Abu Dhabi…
Opportunities for ESG-Related Counterclaims in International Investment Arbitrations: A Trip Down the Rabbit Hole
…Rule 58 of the 2022 ICSID Additional Facility Arbitration Rules, Article 21(3) of the 2021 UNCITRAL Arbitration Rules, and Article 9 of the 2023 SCC Arbitration Rules. Under each set…
2024 LCIA West-Africa Roadshow: The Role of Arbitration in the Energy Transition in Africa
…she emphasised that many African countries are proactively taking steps to mitigate climate change and embrace renewable energy. Citing Kenya as an example, she explained that while Kenya has ambitious…
ADGM, ArbitrateAD, Costs in arbitral proceedings, CRCICA, Dubai, ICC Rules, LCIA Rules, MENA, SCCA, SIAC, UAE, UAE Federal Arbitration Law
Dubai Courts Drastically Curtail Recoverability of Legal Fees in Arbitration under the ICC Rules
…the SIAC Arbitration Rules 2016, Rule 33 of the SIAC Arbitration Rules 2013, Rule 33 of the SIAC Arbitration Rules 2010, and Rule 35 of the SIAC Arbitration Rules 2007…
Columbia Arbitration Day 2024: “The New Era of International Arbitration: A User Guide”
…calendar. The first panel, moderated by Professor Alejandro Garro (Columbia Law School), aimed to identify an effective toolkit for managing evidence in construction cases, which generally involve multiple technical issues,…
Recent Legal Provision Enabling Publics Notaries to Act as Arbitrators in Brazil
In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of Law…
Arbitration Tech Toolbox: Is Generative AI Now the Biggest Threat to Remote Hearings?
… Actual Risks for Remote Arbitration Proceedings Previous blog posts (here and here) in recent years have covered the plethora of different types of audio and video evidence that were…
California International Arbitration Week 2024: The Latest Developments of International Arbitration in China—Focus on Sino-U.S. Commercial Dispute Resolution
…are submitted by parties as evidence. The SCIA procedural rules were also amended to endorse the use of the SMART Arb system and the SCIA deducts 28% of its service…
2024 PAW: The Rise of Arbitration in Asia
…of evidence as factors in favour of Singapore over London. Reflection for Future Vanina Sucharitkul combined the panel’s insights to offer a forward-looking reflection on Asia’s burgeoning impact on…
California International Arbitration Week 2024: Strategies for Navigating Trade Wars and Cross-Border Dispute Resolution
…Kang used a fraud case study to underline the important role of evidence rules in arbitration, emphasizing how evidence handling can influence case outcomes. She pointed out the unique challenges…
CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy
2024 PAW: Swords and Shields—Navigating Current Trends in Enforcing Arbitral Awards
…The Swiss Supreme Court affirmed that the Swiss rules on state immunity apply to all arbitral awards, including ICSID awards, and that these rules require that the award’s underlying relationship…
CJEU’s Decision in International Skating Union v. European Commission: Its Manageable Consequences for International Arbitration
…rules in the International Skating Union (“ISU”) regulations (“Eligibility Rules”) punishing skater members for competing in unauthorized events offended against EU competition law (Art. 101 TFEU). But, contrary to the…
Glencore v. Bolivia: Is the Uncertainty of the (Un)Clean Hands Doctrine Finally Settled?
…Resolution, 2019), and while there is no universally accepted criterion of what a general principle of law is, it is commonly understood as: “[t]hose rules on which there is international…
A Tale of Two Seats: How Do Legislations on Arbitration in Hong Kong and Singapore Differ, and Do These Differences Matter?
…relation to an arbitration in case of urgency to preserve evidence or assets.2)Section 12A(4) of the Singapore International Arbitration Act 1994. In case there is no urgency, interim measures may…
Investment Arbitration and Climate Change: An Expert Panel Conversation
…to respect, protect, and fulfil the human rights of its citizens, including taking measures to ensure that actions private entities, including investors and companies, do not endanger human rights and…
Assignment of an Arbitration Clause – Is Debtor’s Consent Required? The Bulgarian Supreme Court of Cassation Has Made Its Final Decision
…its analysis, confirming that there are no legal provisions under Bulgarian law that impose any restrictions or require the assignment of an arbitration agreement to follow specific rules that are…
Worley International Services v. Ecuador: The What, When and How in Corruption Allegations
…the Presidential Communication. It argues the Internal Revenue Service unjustly disregarded its evidence. Decision As a preliminary matter, the Tribunal determined that the Treaty’s absence of an explicit legality…