…the balance should be placed received various answers: for example (i) the SIAC rules as amended in 2016 positioned that the awards should be published only upon consent of the…
…back the development of arbitration in England supports and elaborates on current debates as to the legitimacy of arbitration and strengthens its future positions, in particular taking into account UK’s…
The use of 28 U.S.C. Section 1782 to obtain through U.S. courts evidence in support of foreign proceedings is at its zenith. But a number of questions regarding the scope…
…possibilities offered by blockchain technologies, in particular smart contracts. Johannes LANDBRECHT, Strong by Association: Arbitration’s Policy Debates, Mandatory Rules, and PIL Scholarship Building on a recent publication by Sagi PEARI,…
…tools which may improve the landscape of disputes. Hafez gave an example from the Delos rules regarding registration of contracts: In everyday life, arbitrations get complicated by the fact the…
…Novation. This, the Court explained, is evidence that Petrobras continued with recognizing the agreement with the knowledge of the bribery allegations, and thus, ratified the agreement under Texas law. Therefore,…
…perverse finding is arrived at based on no evidence, or overlooking vital evidence, or based on documents taken as evidence without notice of the parties [paras 26 – 30]. The…
…been establishing ISDS options, including the establishment of a new International Commercial Court and CIETAC’s publication of new investment arbitration rules. At the same time, two newly established arbitration centers…
…that they supplement the agreed procedure, rather than replace it (see here for a previous Kluwer Arbitration Blog post comparing the Prague Rules with the IBA Rules). However, he also…
…requests. Second, the judgment of the Court may become evidence of state practice on how Colombia interprets provisions such as “similar circumstances” or “legitimate expectations”. For better or worse, this…
…evidence to support projections. Recent decisions show, however, that these different criteria are not weighted equally, and that Tribunals tend to focus more on future profitability than past performance. …
…the Taiwan Award Debtor applied to annul the award, the Shenzhen Award Debtor did not make the same application in the U.S. Evidence available was insufficient to show that the…
…it clear that patent illegality cannot be claimed merely for erroneous application of a law or by reappreciation of evidence. However, enforcement of foreign-seated arbitral awards under Section 48 in…
…later this year our new Arbitration Rules, which represent a notable effort in making our processes more international. Aside from the leading international arbitral institutions, recent years have seen…
…Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this blog,1)The previous KAB posts are…
…major arbitration rules have promulgated EA procedure for investment disputes, i.e., Arbitration Rules of Stockholm Chamber of Commerce (“SCC Rules”), SIAC Investment Arbitration Rules (“SIAC IA Rules”), and China International…
…text of The Hague Rules. Invitation for public consultation on the first draft text of The Hague Rules The first draft text of The Hague Rules is now available…
…enough to refer only to arbitration rules. The Supreme Court of the Kyrgyz Republic ruled that the arbitration clause did not comply with the mandatory requirements of the Kyrgyz Law,…
…region did not offer specific rules on TPF. Also, in investment arbitrations in SEE, security for costs was hardly ever awarded. Under the BAC Rules and the Rules of the…
…set out in applicable arbitration rules.14) E.g, Article 42 of the 2017 ICC Rules. Second, if the tribunal has already rendered an award containing LIBOR as a benchmark, the available…
The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) prescribes mandatory, uniform international rules for the recognition and enforcement of international arbitration agreements…
…by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”). Following the election of a new president of Sri Lanka in 2015, the new…
…analysis undertaken by the United Nations Conference on Trade and Development (UNCTAD) covering 146 economies over 27 years found no evidence that BITs foster increased bilateral FDI. It is not…
…in accordance with the domestic law. The second option is to condition the protection of investors under IIA’s substantive investment standards by taking into account the due diligence obligations of…
