India’s Treatment of Interconnected Agreements to Arbitrate
…of the 2016 SIAC Rules, Article 10 of the 2017 ICC Rules, Article 15 of the 2017 SCC Rules, and Article 22(ix) and (x) of the 2014 LCIA Rules). It…
Search Results for: iba rules on the taking of evidence
Can the Application of Blockchain Technology Broaden the Horizons for Arbitration?
…of blockchain technology in the realm of mining sector disputes and should welcome it. This is because automating transparency in the supply chain will help manage the evidence and will…
The Fear of the Sole Arbitrator
…are not fixed as rules of thumb, but may lead to an excessive fear of the sole arbitrator and to overlook its advantages in certain circumstances. Although opting for a…
Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
The Investor-State Dispute Settlement System: The Road To Overcoming Criticism
…Mauritius Convention on Transparency, which entered into force in October 2017, aims at applying the 2014 UNCITRAL Rules on Transparency in treaty-based investor-state arbitration. The Rules now apply by default…
Will Mexico Lead The Next Wave of Investment Arbitration Claims?
…between the adoption of CETA’s final text and its provisional application. Taking CETA as an example, three or more years could elapse before the new Global Agreement is rolled out….
Consolidation of Arbitration under “Entire Agreement” Clauses
…any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules….
The ‘Professionalization’ of International Arbitrators: What Role for the Professional Arbitral Associations?
…community to detail and expand ideas for regulation. Such self-regulatory rules, despite their undeniable influence, however, have rarely been more than ‘soft law’. Further, the enforcement of such rules does…
Oil and Gas Arbitration Involving States and State Entities: #YoungITATalks in London
…it appears tribunals are becoming more alive to these risks and increasingly taking steps to address them, for instance requesting undertakings from the claimants that they are not seeking multiple…
New Ruling by the Madrid High Court of Justice: Arbitration and Public Policy
…to public policy, because the challenged award contained “an unreasonable assessment of the evidence and unreasonable failure to apply applicable rules”.1) Competent Court to deal with the challenge of awards…
Human-rights-based Claims by States and “New-Generation” International Investment Agreements
…BIT, Article 19(1) and draft PAI Code, Article 43(1). [16] SADC Model BIT, Article 19(1) and draft PAI Code, Article 43(2). [17] ICSID Rules, Article 46; UNCITRAL Rules, 21(3). An…
ISDS: The Brexit Lawsuits the UK Should Be Worried About
…lead to actions. While there is a widespread coverage of public law related litigation, there is less knowledge of potential private actions, including those taking place in arbitration. On the…
Third Party Funding in Investment Arbitration: Time to Change Double Standards Employed for Awarding Security for Costs?
…definite rules or principles that guide tribunals in deciding the question of awarding security for costs and often, a cautious approach is adopted and that too in exceptional circumstances. This…
The Contents of Journal of International Arbitration, Volume 35, Issue 4, 2018
…for BHR, and that the lines between ‘soft’ and ‘hard’ law are becoming blurred. Through contractual and arbitral mechanisms, a binding system of law is taking shape. At the forefront…
Reputation Arbitration: Building a Decentralized Reputation System for Arbitrators?
Under arbitration, the parties submit their disputes to an arbitral tribunal (or sole arbitrator) who rules on pre-hearing disputes, conducts the arbitration, and issues a binding award on the parties….
Environment, Human Rights, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
Human Rights and Environmental Disputes in International Arbitration
…Arbitration Rules; (iii) the mandate of the UNCITRAL Working Group III (Investor-State Dispute Settlement Reform) in assessing the concerns with the ISDS system and in finding possible solutions to address…
The Choice of Remedies Doctrine – a Jack-In-The-Box?
…of Article 16(3) of the Model Law. Food for thought Where the tribunal rules that it has jurisdiction as a preliminary question, the party wishing to challenge the tribunal’s jurisdiction…
Africa, Appeal, Arbitral Award, Court of Appeal, Ethiopia, Final Award, Finality, Finality Clause, judicial review, Uncategorized
The Fate of Finality Clause in Ethiopia
…CDE’s defenses and counterclaims. The governing law was Ethiopian while arbitration was conducted under the Procedural Rules on Conciliation and Arbitration of Contracts Financed by the European Development Fund (“EDF…
Efficient Arbitration – Part 3: Winning an Efficient Arbitration
…5. Focusing the Evidence Gathering and presenting the right evidence is key. This often requires close cooperation between counsel and the parties who have the best access to documentation and…
Interpreting Contracts Under Singapore Law in International Arbitration — The Sequel
…Does the court apply national rules of evidence, or does the court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny…
Arbitration, Arbitration Proceedings, Arbitrators, IBA, IBA Guidelines on Conflicts of Interest, Independence and Impartiality
Has Acting as Arbitrator Become a Risky Business?
…(AVME) limited to the distribution of cars, spare parts and after-sales services for the territory of Qatar. In February 2013, SBA initiated arbitration under the ICC Rules after AVME informed…
Judicial Clarification on Anti-suit Injunctions: The Right Approach?
…such a ruling should not be subject to the rules of recognition and enforcement listed in Chapter III of the Recast. Fourth, the AG’s approach incorrectly envisaged the court proceedings…
Arbitration, Jurisdiction and Culture: Apropos the Rules of Prague
…one thing can be said: the IBA Rules on the taking of evidence seem more agnostic than the Prague Rules. The Prague Rules are fitted to conflicts involving adjudicators from,…
The Future of Investment Arbitration in Europe: AIA Conference, June 2018
…instance, in answer to the perceived common-law bias of the IBA Rules on the Taking of Evidence in International Arbitration, a draft of the Inquisitorial Rules on the Taking of…
Efficient Arbitration – Part 2: Launching an Efficient Arbitration
…stages of the proceedings. The second part will address efficiency in presenting evidence and at the hearing and post-hearing stages. As our series continues, we will discuss our experience with…