Is Good Faith in the IBA Evidence Rules Good?
The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article. In…
Search Results for: iba rules on the taking of evidence
Arbitral Tribunal, IBA, IBA Rules of Evidence, International Arbitration Procedures, Prague Rules, Tribunal
A Comparison of the IBA and Prague Rules: Comparing Two of the Same
…procedures. The drafters proposed the Prague Rules as an alternative to the well-known and commonly adopted IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). The note…
Painting the Complete Picture: Issues Surrounding Art Arbitration in India
…experts under Section 26 of the 1996 Act. Consequently, reliance upon any expert opinion on the age of the concerned work will be in contravention of the ASI’s statutory power….
Cote-d’Ivoire Investment Code Amendments: Regaining Control over Investment Dispute Settlement
…ICSID arbitration arising on the basis of the 2012 Code, it may be that the Côte d’Ivoire has not yet had the occasion to revisit the text of Article 20…
Judicial Support against Due Process Paranoia in International Arbitration
…the SIAC Rules 2016. 5. ↑ See, e.g. the cases of: (i) J (Lebanon) v K (Kuwait) [2019] EWHC 899 (Comm), considering the position on choice of law of arbitration…
Recognition of Annulled Awards in France: Where Does the Limit Lie?
…of the parties’ arguments on the nature of the arbitration and on what grounds the Paris Court of Appeal legitimates the intervention of French Law namely the international character of…
How to Recognize and Enforce a Foreign Arbitral Award in the Kingdom of eSwatini?
…York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). Not so in the Kingdom of eSwatini, one of the few jurisdictions who still do not…
Investment agreements, Investment Arbitration, Investment protection, Investment Treaties, United States, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: USMCA and U.S. Investors – A Reversal of Fortune?
…a shift in U.S. policy. If the change in the Mexican government led the Trump Administration to reconsider the scope of investment protection in the USMCA, the shift was prescient….
IP Arbitration in Brazil: What is the Current Scenario?
…put into action by the Brazilian IP community, namely the creation of (i) the Brazilian Arbitration Committee’s Study Group on IP Arbitration and Mediation; and (ii) the CSD-ABPI – Centro…
International Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Sunset clauses
Termination of Intra-EU BITs: Commission and Most Member States Testing the Principle of Good Faith under International Law
…in the case of the former, and the arguably retroactive nature of the provision in the latter, renders the validity and application of these provisions suspect, as a matter of…
Can an Arbitral Tribunal Admit Evidence Obtained through a Cyber-Attack?
…court saw no problem in using the evidence for a more accurate assessment of the case. The court also stressed upon the probative value of the evidence. Secon d, the…
ICSID and UNCITRAL Draft Code of Conduct: Potential Ban on Multiple Roles Could Negatively Impact Gender and Regional Diversity, as well as Generational Renewal
…upon receiving their first adjudicator nomination.” Allowing newcomers to sit alongside more senior arbitrators would enable them to gain more experience and benefit the transition of the next generation of…
Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Brazil, Commercial Arbitration, Domestic Courts, South America
Evidence Production in Arbitration in Brazil: What to Expect
…the substantive law applicable to the merits of the dispute, but also the procedural rules which will guide the proceeding, including the rules of evidence production. The parties usually agree…
Belt and Road and the International Financial Architecture
…the PRC government’s Belt and Road Portal. Most of the reporting on BRI addresses allegations of corruption, less developed countries taking on excessive debt, or the economic viability of the…
Contradicting Party-appointed Experts: German Perspective on the Obligation of Arbitral Tribunals to Appoint a Neutral Expert
…They can base that opposing determination on all sources of knowledge already produced – not only the evidence already produced – arbitrators are generally free in their assessment of evidence…
Investment agreements, Investment Treaties, Reform, State-State Dispute Settlement, State-to-state arbitration, Trade and investment agreements, Trans-Pacific Partnership, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: Evolution, Innovation, and Reform
…as the consequences of non-implementation of such decisions. The nuances and details of Chapter 31 are welcome additions to USMCA and reflect a thoughtful evolution of NAFTA’s Chapter 20. However,…
Arbitration, Jurisdiction and Culture: Apropos the Rules of Prague
…the group who proposed the Rules of Prague: in their initial version they were presented as Inquisitorial Rules on the taking of evidence. The opposition to the so said Adversarial…
Interviews with Our Editors: In Conversation with Macarena Letelier Velasco, Executive Director of the Center for Arbitration and Mediation of Santiago – CAM Santiago
…been undertaking for the past 30 years. It was also a recognition of the collaboration carried out by the legal community on various topics, as well as the little intervention…
Code of Conduct, Conflicts of interest, Disclosure, ICSID, Independence and Impartiality, ISDS, UNCITRAL, Working Group III
ICSID and UNCITRAL Publish the Anticipated Draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement
On May 1, 2020, the Secretariats of ICSID and UNCITRAL released the first draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement (ISDS). I had the privilege…
Ex Aequo et Bono: An Overlooked and Undervalued Opportunity for International Commercial Arbitration
…of LCIA Arbitration Rules; Article 33.2 of Swiss Rules of International Arbitration; Article 27(3) of SCC Rules; Article 35.2 of HKIAC Administered Arbitration Rules; Article 31.2 of SIAC Rules; and…
Intellectual Property, Interview, Interviews with Our Editors, Panel of Arbitrators, Space Arbitration, Technology, technology industry
Interviews with Our Editors: Arbitrating Silicon Valley Disputes with Lester Schiefelbein, CEO of the Silicon Valley Arbitration & Mediation Center (SVAMC)
…legal home of the arbitration – in California. The selection of the seat determines the law governing the arbitration procedures and often, and more importantly, the process and rights of…
Thoughts On Making Arbitration Great Again
…the charge or setting the stage. It is the arrogation of power in the Executive that has historically led to a failure in the rule of law and the elimination…
Canada, International agreement, International arbitration, Investment agreements, Investment Arbitration, Investment protection, Investment Treaties, Mexico, NAFTA, United States, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: Introducing a New Era in Regional ISDS with NAFTA 2.0
…negotiations and public policy, the possible impact on the North American energy industry, and the impact on parties participating in ongoing NAFTA arbitrations. Meanwhile, since the unveiling of USMCA’s draft…
NAFTA Negotiations: Are U.S. Energy Companies Being Left to Their Fate?
…assets used for the development of the corresponding fields. In other words, the expropriation of investors’ rights and assets, without any kind of compensation. The risk of expropriation is particularly…