…explained that this case demonstrated to the world that arbitration could be used as a rules-based alternative to war. However, in the 19th century, arbitration moved away from the goal…
…non-signatory only after a determination by the arbitral tribunal of its status as a party. Practically, the arbitral tribunal is likely to undertake a detailed exercise, including by taking evidence,…
…Rules would only supplement the rules chosen by parties. This led to unnecessary complexities when parties’ chosen rules contradicted the ADCCAC Rules as it was unclear which rules would prevail….
…City (U.A.E.) in accordance with the Rules of International Chamber of Commerce (ICC Rules)”, and to be “governed and construed in accordance with the laws of the Emirate of Abu…
…be tagged onto the former Art. 28(2) FAL, has been helpfully separated out into a new Art. 28(2) FAL (as amended). Tribunal’s power to determine rules of evidence The…
…other rules of international law, i.e., provisions contained in treaties other than the applicable investment agreement and/or rules of customary international law, for investor-State proceedings. In particular, it highlights whether…
…said that there are currently no arbitration rules that define the standard of proof for corruption. Given the involvement of public officials and the general public interest, he suggested looking…
…the most strategic rules of evidence – CIETAC and Shanghai International Arbitration Center Rules, for example, give tribunals authority to determine the rules of evidence so parties can negotiate which…
…is no state immunity. The EWHC concurred with this argument made by Yukos, adding that the SIA includes nothing which disapplies procedural or substantive rules that would otherwise apply and…
…within the ISU rules for the review of decisions taken by the ISU under the said rules. The Vital Role of Sports Arbitration: Safeguarding a Level-Playing Field Arbitration provides…
…or way of reference to arbitration rules, the terms of the parties’ agreement will prevail, unless it is stated in the arbitration rules that these rules prevail over the parties’…
…nominated; the rules to govern the arbitration proceedings (the arbitration rules of the International Chamber of Commerce (“ICC Rules”); the city wherein the arbitration proceedings would be conducted (Shanghai); and…
…“unclean hands” doctrine in particularly serious cases. However, because it found that there was no evidence of illegality in the privatization processes, the Tribunal rejected the objection without deciding whether…
…award that is ultimately non-enforceable. Institutional Rules: Parties will need to consider how the new power will interact with their chosen institutional rules. As discussed below, this will be particularly…
…P&ID’s claim succeeded. Secondly, P&ID presented and relied on evidence that it knew to be false. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at…
…specific rules on non-judicial emergency relief), parties often seek assistance from national courts that would otherwise come too late from an arbitral tribunal. In this respect, the decision of the…
…also been included as part of the revision of the ICC Rules, the VIAC Rules and the Delos Rules in 2021, as well as the AIAC Arbitration Rules in 2023….
…a counsel is pressed for time, or has run out of time. The IBA Rules on the Taking of Evidence (the “IBA Rules”) are designed with chess-clock proceedings in mind….
…Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards….
…means of dispute resolution among international parties. To foster a more efficient arbitration system in the Kingdom, the Saudi Center for Commercial Arbitration (“SCCA”) issued new Arbitration Rules (“Arbitration Rules”),…
…and the rules of equity. , which codifies the principle favor contractus or conservation principle, which provides that “no one contracts for the sake of contracting, but rather taking care…
…Arbitration Rules.’ Limitation: Even if the PMAC Procedural Rules included such a provision, this would not mean that the CJEU would recognize PMAC arbitral tribunals as ‘courts’ under Article 267…
…some evidence that the concept may be sought to be applied more broadly in other jurisdictions, including in the international marketplace through alternative dispute resolution mechanisms such as mediation, expert…
…for Sustainability The IBA Report notes a proliferation of ESG-specific requirements in commercial contracts (refer to IBA Report § IV). These clauses, frequently incorporated as due diligence requirements or compliance…
