…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…
…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…
…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,…
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…
… 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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…proceedings, including taking evidence and granting interim protection measures. The IAA, however, expressly provides that the courts shall not grant such measures unless the arbitral tribunal has not yet been…
…shift in preference towards the revised 2021 AFSA International Rules. This adoption rate indicates the legal community’s favourable reception to the modernised rules, reinforcing AFSA’s status and South Africa in…
…Ms. Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving…
…proceedings, under the rules of the ICC, before a sole Arbitrator, in an abbreviated procedure, in which it demanded the restitution of the paid advance balance, plus interest, and costs….
…a decision on a disputed matter, or (iii) failing to deliberate with his or her fellow arbitrators. Finally, Mr. Lee highlighted the importance of taking the duty of loyalty seriously….
…testimony may be inadmissible evidence. Would a tribunal seated in Switzerland, where the witness is typically sworn in and warned about potential criminal liability for perjury, accept as evidence the…
…with the rules of public policy and notably mandatory rules of French public law (lois de police). However, it seems unclear whether in SMAC v Ryanair, the Conseil d’Etat applied…
…investor’s funds, had the breach never occurred. Absent a specific prescription in the applicable investment treaty or contract, the time value of the money can be compensated by taking into…
…tribunal did find that Mongolia breached the fair and equitable treatment protection in the BIT by taking ownership of the gold, exporting it abroad for refining, and depositing it or…
