Efficient Arbitration – Part 1: Metrics
…these proceedings inevitably increase. In fact, cost is now regarded as one of, if not the, worst feature of international arbitration (IBA Compendium of Arbitration Practice 2017). This has not…
Search Results for: iba rules on the taking of evidence
Conflicts of interest, IBA Guidelines on Conflicts of Interest, Independence and Impartiality, International arbitration, Social media, Social media
Arbitration, Social Media and Networking Technologies: Latent Existing Conflicts
…Association (IBA) Council has created Guidelines on Conflicts of Interest in International Arbitration (hence, the famous Non-Waivable Red List, Waivable Red List, Orange List and Green List, which in brief…
A Data-Driven Exploration of Arbitration as a Settlement Tool: Does Reality Match Perception?
…any other significant step in the arbitration process) were less than one calendar year, with some variance from one case type to another. While this analysis does provide evidence to…
Anti-suit injunction, Arbitration, England, English Arbitration Act, LCIA Arbitration, LCIA Rules, Seat of the arbitration
The Seat of Arbitration is Important. It’s That Simple.
The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where…
Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties
A Procedural Perspective of Achmea: What Does Achmea Imply in Practice
…only and specifically the issue of validity/invalidity. Investor-state dispute resolution clauses are usually different from state-to-state dispute resolution clauses. Further, the VCLT contains a set of specific procedural rules how…
Hearings, Investment Arbitration, Supreme Court, Transparency, Transparency in investment arbitrations
Transparency, Legitimacy, and Investor-State Dispute Settlement: What Can We Learn from the Streaming of Hearings?
…been discussing the legitimacy of investor-state dispute settlement (“ISDS”) for years. Much of this debate has focused on the critique that ISDS, usually taking the form of confidential and binding…
Arbitral Award, Recognition and enforcement of arbitral award, Serbia, Set aside an arbitral award, Suspension of Enforcement
Irreparable or Near-Irreparable Harm that Can Result from Non-Enforceability of Judgments
…suspension taking into account the holding of the court. Acting upon the court’s decision, the public enforcement agent then granted the request for suspension. Conclusion The fact that judgments of…
Third Party Funding for Arbitration in Nigeria: Yea or Nay?
…international level. Whilst noting that it is virtually impossible to address all issues with a single set of rules, and the need to avoid the risk of over-regulating as…
UAE Federal Arbitration Law Adopted at Long Last: All Well that Ends Well?
…under UAE Arbitration Chapter in combination with a leading set of arbitration rules, whether e.g. the local DIAC Rules, the ICC Rules or the free zone DIFC-LCIA Rules. In this…
A One-Two Punch to the Kompetenz-Kompetenz Principle in Venezuela
…contained a pathological arbitration clause, in that the clause referred all future disputes to arbitration under the rules of a non-existing arbitration institution: the Conciliation and Arbitration Centre of the…
Do Arbitration Users Really Value Finality?
…incorporated into leading institutional rules such as those of the LCIA and ICC. Under these institutional rules parties exclude the right to appeal which, as it is not a mandatory…
Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank
Sovereign Immunity From Execution: Caveat Emptor
…is the way in which procedural rules and legal devices (e.g. discovery tools and burden-of-proof rules) steer the legal process in a certain direction, and therefore also outcomes and behavior….
Jumping on the TPF Bandwagon: Nigeria’s New Arbitration Bill Embraces Third-Party Funding
…of the Bill relevant to TPF are Sections 50 1(g) and 84, as well as Article 41(2)(g) of the Arbitration Rules attached as the First Schedule to the Bill. Section…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (II) & Request for Comments “Procedure and Evidence in International Arbitration”
…common law parol evidence rule must be considered, there will usually be sufficient ambiguity in the impugned arbitration agreement to allow for evidence of the background to the negotiations and…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (I)
…full evidence to overcome this problem, it would duplicate the arbitral process and allow for messy arguments about admissibility and inconsistency of evidence between the two fora. Such duplication is…
Data-Driven Decision-Making: From Fine Wine to Fine Arbitrators
…are a number of challenges in analyzing data from phenomena as complex as arbitral disputes. Such challenges include accounting for different institutional rules, differences in appointment of the arbitrator (was…
ISDS Under the CPTPP and Beyond: Japanese Perspectives
…Toward Establishment of 21st-Century International Investment Rules –, 15 December 2015, https://www.keidanren.or.jp/en/policy/2015/119.html. It is true that Japanese companies tend to shy away from using arbitration – either commercial or…
What Causes Inter-Institutional Variations in the Duration of the Arbitration Process?
…of the 2007 and the 2010 SCC Rules, Art. 16 and 17 of the 2013 HKIAC Rules and Art. 17 of the 2013 SIAC Rules). Assuming that the 28-day limit…
8 Key Points from the ICCA-QM Task Force’s 2018 Third-Party Funding Report
…might prove fertile ground for future arbitrator challenges. Recall that the 2014 IBA Guidelines, Rule 6(b) applies equally to funders: If one of the parties is a legal entity,…
Could ENI Bring an Arbitral Claim Against Turkey for Obstructing Oil Exploration in Cyprus’ Waters? The Extra-Territoriality of BITs Against Occupying Powers
…– which are registered with the Permanent Court of Arbitration (PCA) and being conducted under the UNCITRAL Arbitration Rules 1976 (UNCITRAL Rules) – the Ukrainian claimants contend that the Russian…
The Contents of Journal of International Arbitration, Volume 35, Issue 3, 2018
…are a number of policy considerations which point against the recoverability of the full costs of TPF. The authors recommend modifications to institutional arbitration rules and national arbitration laws to…
Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
…“big client” like FIFA, such an allegation assumed a very poor state of mind of those individuals and, in any event, the Club did not provide any evidence to that…
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…effective on 1 January 2017 (Article 39(1)). In contrast, the LCIA Rules, the ICC Rules, the ICDR Rules and the UNCITRAL Rules constitute examples of arbitration rules that do not…
Third Party Funding in Asia: whose duty to disclose?
…Rules instead.9)Singapore Legal Profession Act 2001 (Cap. 161), section 71; Singapore Legal Profession (Professional Conduct) Rules 2015, sections 49A–49B. This could be to ensure that lawyers in Singapore do not…