…of information. Recommendations related to the arbitral process Arbitration institutions could envisage adopting arbitration rules similar to the Code’s, in order to increase the foreseeability and, thus, the legal certainty…
…submission of the parties to arbitration and reference to arbitration by courts. Decisions in arbitration initiated by submission were, however, not enforceable. This issue was resolved by a later commitment…
…SDNY held in January 2019 that a tribunal formed under the rules of the London Court of International Arbitration (LCIA) is a “foreign or international tribunal” for Section 1782 purposes….
…of the Swiss Private International Law Act governing international arbitration in Switzerland. Philip WIMALASENA, The Publication of Arbitral Awards as a Contribution to Legal Development – A Plea for more…
…represents a highly individualized legal field and thus prima facie does not appear as a prime candidate for commoditization towards which most current innovative legal tools are headed. It is…
…provisions of Articles 1 to 10 of this agreement”. Several of Chile’s FTAs expressly provide that the MFN clause does not apply to dispute settlement. For example, the Argentina FTA…
…misconduct as a defense, particularly when they later ratified that conduct. The intersection of anti-corruption norms and international arbitration raises important theoretical questions about arbitration and exposes inherent tensions. Arbitration…
…(1) it clarifies the scope of the “public policy” ground for setting aside an award as amended by the Arbitration and Conciliation (Amendment) Act 2015 (“2015 Act”), (2) affirms the…
…been establishing ISDS options, including the establishment of a new International Commercial Court and CIETAC’s publication of new investment arbitration rules. At the same time, two newly established arbitration centers…
…its Investment Court System, which is often portrayed as a response to arbitration’s criticism. However, she noted that this new system still relies heavily on existing arbitral rules. She also…
…joint interpretative note of several provisions, including those regarding fair and equitable treatment (“FET”), national treatment, most favored nation (“MFN”), and expropriation. In the past, the Court subjected the approval…
Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs…
…with the positions set out in a few provisions of law governing awards made in certain regions. One example is Article 17 of the Provisions of the SPC on the…
…foreign seat. The Arbitration and Conciliation Act provides for parties undergoing international commercial arbitration to bypass domestic regulatory mechanisms. If such a scheme was to be envisioned as applicable to…
…in the context of arbitration. In addition, Fabiane Verçosa comments on a decision by the Brazilian Superior Court of Labor addressing the delicate matter of the use of arbitration for…
…later this year our new Arbitration Rules, which represent a notable effort in making our processes more international. Aside from the leading international arbitral institutions, recent years have seen…
…bold new rules. Briefly, the key differences relate to the default rules that apply when adducing evidence. While under the Evidence Rules the right to rely on documents, call fact…
…major arbitration rules have promulgated EA procedure for investment disputes, i.e., Arbitration Rules of Stockholm Chamber of Commerce (“SCC Rules”), SIAC Investment Arbitration Rules (“SIAC IA Rules”), and China International…
…business and civil society stakeholders, the Working Group formed a Draft Team to elaborate a set of arbitral rules, the Hague Rules on Business and Human Rights Arbitration. The Drafting…
…Arbitration (First Edition) Published by Global Legal Group. the Kyrgyz Arbitration Law largely contains some elements of the UNCITRAL Model Law on International Commercial Arbitration (the “UNCITRAL Model Law”). However,…
…to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of the Aeroklub in Belgrade, Serbia,…
…set out in applicable arbitration rules.14) E.g, Article 42 of the 2017 ICC Rules. Second, if the tribunal has already rendered an award containing LIBOR as a benchmark, the available…
The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) prescribes mandatory, uniform international rules for the recognition and enforcement of international arbitration agreements…
…by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”). Following the election of a new president of Sri Lanka in 2015, the new…
