…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…
…Angela Abala (Singapore International Dispute Resolution Academy), Prof. Dr. Colin Ong KC (President, Arbitration Association Brunei Darussalam), Prof. Shin-Ichiro Abe (Chairman, Japan Institute for International Arbitration Research and Training), Mr….
…how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2024 mark a significant step towards the modernisation of arbitration in China. Dr. Etgen provided some interesting statistics…
…may arise, to arbitration, the State is not immune as respects proceedings in the courts of the United Kingdom which relate to the arbitration”. In this case, the jurisdictional challenge…
…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…
…existing arbitration legal regime governing international commercial arbitration. History of Arbitration Legislation in Israel Prior to the adoption of the ICA Law, the governing statutory framework for arbitration in…
…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…
…Bolivian law to be the applicable law. While it accepted that other provisions of international law could “shed light on the interpretation of the Treaty’s substantive provisions”, the Tribunal rejected…
…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…
…Where such provisions exist, the tribunal will be bound to apply them. Practical Considerations for Arbitration Users As well as shining a light on broader areas for reform, the…
…the history of the arbitration exclusion, reflecting the CJEU’s growing mistrust towards arbitration. This has left a mark on the arbitration landscape within the European Union that has earned criticism…
…and ICSID Arbitration Rules. Article 26 of the ICSID Convention provides that “consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such…
…Series. The arbitrators dealt with a broad range of issues, including the application of the CISG and of the UNIDROIT Principles, principles of contractual interpretation, the extension of arbitration clauses…
…Envisaged 2022 NAI Arbitration Rules, 9 November 2021). The rules on expedited arbitration apply when: (i) the arbitration agreement(s) providing for arbitration under the auspices of the NAI or in…
…arbitral rules, a tribunal is vested with the authority to decide whether or not to apply any strict rules of evidence (see LCIA rules (Article 22.1(vi)), the ICC rules (Article…
…New York Convention (“Convention”), including international precedents, and relevant Pakistani law on the recognition and enforcement of interim, foreign arbitral awards in Pakistan. The Convention The Convention does not…
…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”),…
…arbitration and contractual law. First, the parties’ behavior during the performance of a contract will be essential to decide a dispute regarding the interpretation of certain contractual provisions. Here, it…
…domestic arbitration, the field of international arbitration is no stranger to the use of interpreters, especially as English has increasingly become the lingua franca of both arbitration and international business….
…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…
…to improve their arbitration offering and rise in popularity as arbitration jurisdictions. 2023 was no exception: several states in Europe, including some EU Member States, either passed new arbitration laws…
…determination, adjudication, and arbitration. Acceleration can be achieved in a variety of ways: by changing the design or specification of permanent and/or temporary works, altering methods of working, re-sequencing work,…
…due to states’ inability to reach such agreements. Lastly, states can incorporate explicit provisions restricting investors from initiating arbitration claims if they have violated ESG principles. For instance, the IBA…
…India’s pro-arbitration stance by the judiciary across India courts by highlighting historic and recent decisions. Indeed, a specialised arbitration bar is vital to promote India as an arbitration hub. In…
