…decrease costs. Dr. Alina Oprea of the University Babeş-Bolyai analysed the validity and practicality of unilateral hybrid arbitration clauses under various rules and laws. Such clauses are meant to provide…
…that the referee, being the member of the FBU, should follow its internal rules, which refer disputes between FBU and its members over “rules of the game” and “fair play”…
…taking time for reflection when learning, checking understanding, and deciding on a course of action. Charlie adds that the mirror also reminded him of William Ury’s observation that “the most…
…declaration or renegotiate the FTA. Second, the judgment of the Court may become evidence of state practice on how Colombia interprets MFN and expropriation clauses. For better or worse, this…
…arbitrations. Why Use EA Procedures? The ICC EA Procedures were introduced in 2012 by Article 29 of the Rules of Arbitration of the ICC (“ICC Rules”), with detailed procedures…
…introduce? The current Federal Arbitration Statute is based on the 1985 UNCITRAL Model Law and the 1976 Arbitration Rules. Nigeria was the first country in Africa to adopt the 1985…
…arbitral tribunal (whether ad hoc under the UNCITRAL Rules or institutional – ICSID, ICC or national arbitral institutions). This means that the ISDS provisions in BiH BITs are “incompatible with…
…of comparing different cases was adopted, although it was recognized that cases can vary significantly in terms of factual and legal complexity. Nonetheless, the empirical evidence, however imperfect, can be…
…among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules, the mediation experience is created…
…decided that a commercial contract, including one that contains an arbitration clause, must be interpreted according to ordinary rules of contractual interpretation. Referencing its earlier decision in Electricity Generation Corporation…
…of the CIAMA Rules). Transparency and Publication of Awards CIAMA has integrated into its rules the growing concern for transparency regarding the conduct of arbitration proceedings. The anonymous publication…
…progression of dealings between the parties, in official correspondence, and employed in real time as a justification for taking certain action, they are more likely to be seen as legitimate…
…in promoting and developing mediation, i.e. developing rules and boards for mediation and having rosters of mediators. He also addressed the market conditions and pointed out that there must be…
…Free Trade Zones agree that relevant disputes shall be submitted to arbitration at a particular place in the Mainland, according to particular arbitration rules, or by particular personnel, the arbitration…
…Cases Involving Conduct Preservation in Intellectual Property Disputes (Fa Shi [2018] No. 21) prescribes that “Where a people’s court rules to take conduct preservation measures, it shall reasonably determine the…
…than aspiring for their best endeavors; specifying the scope and content of these obligations; and finally, securing their enforceability. Obligation of Result or Best Efforts Clause? Taking note of…
…in international arbitration and the gathering of evidence in these types of claims. Leathley stressed the fact that investments related to energy giga-projects could most likely be exposed to corruption…
…arbitration. Taking SHIAC arbitration rules as an example, in SHIAC’s 2014 version of Free Trade Zone Arbitration Rules, SHIAC was the first Chinese arbitration institution to provide for “mediation before…
…IBA Rules on Taking of Evidence in International Arbitration (“IBA Rules”) take precedent, and in the years since their launch have been widely used within the arbitration community. However, there…
…to present evidence with respect to the NAB’s proof-gathering practices. The lack of evidence weighed in favor of granting the application. The Court then determined that the foreign court would…
…actual rules and including certain matters that are not currently in the Rules, such as provisions for emergency arbitrators, consolidation and expedited rules. We are also working on promoting other…
…with confidential information introduced in arbitration proceedings; Evidence proceedings: the WIPO Rules provide specific sets of provisions on taking evidence via expert witnesses, including arranging for experiments to be conducted…
…particular, on a new initiative to use arbitration to resolve business and human rights disputes: the Elements Paper on the “Hague Rules on Business and Human Rights (BHR) Arbitration” (Rules)…
…or invalidity thereof, shall be settled by arbitration under the Hong Kong International Centre Administered Arbitration Rules in force at the date of this Agreement”. The Main Issue Moravia…
