Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions

Federal Supreme Court of Switzerland, International arbitration, International Commercial Arbitration, Lex Arbitri, Party autonomy, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland

(Wartmann Merker AG)/ /Leave a comment

…parties to domestic arbitration proceedings may prefer to have more limited grounds available to set aside an arbitral award and have thus an interest to apply the arbitration rules as…

Arbitration, Arbitration Proceedings, Nigeria, Party Representation, Seat of the arbitration

(University of Essex)/ /2 Comments

…Nigerian rules to restrict parties in selecting their preferred representatives in arbitration proceedings, among other reasons, partly accounts for its poor “formal legal structure” and “national arbitration law.” These are…

Arbitration Institutions and Rules, Arbitrator's Fees, BAC, China, Costs in arbitral proceedings, Institutional Arbitration

, , (Jingtian & Gongcheng)/ /Leave a comment

On 19 July 2019, Beijing Arbitration Commission a.k.a. Beijing International Arbitration Center (the “BAC/BIAC”) released its amended Arbitration Rules (the “Rules”) and Fee Schedule (the “Fee Schedule”), both of which…

Arbitration institution, Arbitration Institutions and Rules, International arbitration, Interview, Interviews with Our Editors, Iran, TRAC

(Mihaela Maravela Law Office)/ /1 Comment

…so far with expedite arbitration under the new arbitration rules at TRAC? TRAC Rules 2018 are based on the 2010 UNCITRAL Arbitration Rules , with some modifications to make them…

Canada, Class arbitration, Federal Arbitration Act (FAA), North America, UNCITRAL Model Law

(Osler Hoskin & Harcourt LLP) and / /Leave a comment

…governing domestic arbitration.   Arbitration Rules United States: The FAA provides some foundational rules for arbitration proceedings such as requiring that arbitration agreements be in writing, but leaves much of…

ISDS, Japan, Korea, Mediation, WTO

(Waseda University), (University of Sydney & Williams Trade Law), and (Williams Trade Law)/ /Leave a comment

…discretion. Under the trilateral agreement, Article 17 provides that Japan can commence arbitration under the UNCITRAL Arbitration Rules after a mandatory consultation period of six months beginning with a written…

ISDS, Japan, Korea, Mediation, WTO

(Waseda University), (University of Sydney & Williams Trade Law), and (Williams Trade Law)/ /Leave a comment

…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…

Arbitration, Arbitration Proceedings, Expropriation, International arbitration, Investment Arbitration

, (British Institute of International and Comparative Law (BIICL))/ /Leave a comment

…that new provisions will resolve all controversial issues related to expropriation, leaving arbitrators and academics the task of interpreting them. Decisions of other tribunals can serve a helpful role. In…

Arbitration Agreement, Arbitration clause, Enforcement of an arbitration clause, Separability

, (Baysal & Demir Law Firm)/ /Leave a comment

…the separability presumption, the courts and the tribunals insulate the arbitration agreements from attacks on the underlying contract and uphold arbitration. However, the separability presumption sometimes backfires; particularly if one…

Arbitral Award, Arbitral seat, Arbitral Tribunal, Hungary, Set aside an arbitral award, Set aside an international arbitral award

(ESSEC Business School; Paragon Advocacy)/ /Leave a comment

…Rules of Arbitration of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI Arbitration Court” and “2011 HCCI Rules of Arbitration”) provided that, following the…

Arbitration Agreement, Best practices, commercial litigation, Contract Drafting, Court of Appeal, Court Proceedings, National Courts, United States

, (Fitch Law Partners)/ /Leave a comment

…included international arbitration provisions. AMT failed to deliver pig iron to both Daewoo and TKM. In December 2012, Daewoo filed an action in the United States District Court for the…

Arbitration, Commercial Arbitration, Commercial Law, English Law, Hybrid arbitration clause, Insolvency, party-appointed, Portugal, Romania, Switzerland, Third party funding

, (Gabriel Arbitration AG) and (Walder Wyss Ltd.)/ /Leave a comment

…the conference with two panels on current issues in international arbitration dealing with “Arbitration and Insolvency” as well as “Costs and Efficiency in Arbitration”.   Arbitration and Insolvency National Conference…

Australia, Empathy, Kluwer Mediation Blog, Mediation, Mediation Act, Mediator, Scotland, Singapore Mediation Convention, The Roles of the Mediator

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

…In Simple Questions You Might Ask Yourself More Often, Greg Bond draws on his recent experience of doing mediation training in Tbilisi, Georgia, at New Vision University. The focus of…