…under EU State aid rules if they distort or threaten to distort competition and affect trade between Member States. As it is the case for the ECHR, these fundamental principles…
…the Taking of Evidence in 1999 which were further updated in 2010 (the “IBA Rules”) to offer guidance for arbitral tribunals when dealing with evidentiary issues. The IBA Rules have…
…of rules relating to the recognition and enforcement of judgments in civil and commercial matters within the Member States’ territory. Arbitration has always been excluded, not only from the scope…
…Court’s observations should apply with equal force when interpreting and applying the IBA Rules on the Taking of Evidence in International Arbitration 2010 (“IBA Rules”). The IBA Rules were referred…
Until a few decades ago, international arbitration was perceived to be a quick and inexpensive way of resolving disputes. However, the proliferation of legal rules, the disclosure of voluminous documents,…
…that opting for the expedited procedure under SIAC Rules 2010 is indicative of the intention of the parties to accept the SIAC Rules in its entirety and not just one…
…Treatment (FET), and other non-discrimination doctrines such as National Treatment (NT). Some rules of international law are ascribed a greater legal significance in foreign investment law and this requires knowledge…
…accordingly. The recent publication of the draft Inquisitorial Rules on the Taking of Evidence in International Arbitration (The Prague Rules) constitutes an interesting development in this context. The drafters of…
…achievements and/or underestimated female performance. • In evaluating male and female professors, reviewers were four times more likely to ask for supporting evidence about the woman’s qualifications than they were…
…The UNCITRAL Arbitration Rules are silent on exhaustion of local remedies. Thus, the question of whether or not this principle applies is of a great importance. The exhaustion of local…
…of institutional rules of International Chamber of Commerce (“ICC”), Singapore International Arbitration Centre (“SIAC”) or London Court of International Arbitration (“LCIA”). Unwarranted judicial intervention and under-developed dispute resolution infrastructure and…
…unable to solve conflicts in an acceptable amount of time: a complex matter involving intense document production and expert evidence – which is often the case in disputes arising from…
…Arbitration Association, which was co-organized by the Italian Forum for Arbitration and ADR. Privilege rules evolve as a function of the threat parties face from discovery. In common law jurisdictions…
…DIFC Law on merits and procedure under the auspices of the DIFC-LCIA. In brief, the Sole Arbitrator rejected all Gauge’s pleaded breaches of the regulatory rules of the Dubai Financial…
…Coast. However, the tribunal dismissed the claims for lack of evidence of environmental damage during the investment timeframe. In Corona, the investor sought to invest close to Sanchez, in the…
…advocated for a case-by-case approach in relation to admissibility of hacked information and documents as evidence in arbitration, taking us through various jurisprudential approaches in relation to this threshold question…
…agreement or the UNCITRAL Arbitration Rules. Even though no fork-in-the-road is expressively stated, because the outcome of each of these options final and binding effects, it is sensible to argue…
…also not framed any rules under Section 9 of the 2011 Act which outlines a procedure for recognition and enforcement of foreign awards. Pakistan Courts have thus remained inconsistent with…
…Also, when the parties agree to be guided by the IBA Rules on the Taking of Evidence in International Arbitration, they agree to be guided by good faith in evidence…
…precedent in many respects and has already resulted in many comments. It must be noted that the Judgment of the CJEU prima facie is not surprising – taking into account…
…and its national procedural rules. One of the central objectives of the New York Convention was to eliminate the “double exequatur”, meaning that the award needed the confirmation in the…
…refusal to enforce the award. 3. Lack of documentary evidence – evidence is often seized or destroyed and access to project areas is limited or restricted. Risks involve parties being…
…Division unless it is necessary for the resolution of the real issues in dispute in the proceedings.” Reference to “evidence” in this practice note means all evidence– claim, reply and…
…the leaked evidence. The panel pointed out that the IBA Guidelines on Party Representation in International Arbitration (2013) and Article 9(2) and 9(3) of the IBA Rules on the Taking…
