What is the Future of Intra-EU BITs?
After the enlargement of the European Union in 2004, many eastern bloc countries acceded to the European Union. BITs entered into between the eastern bloc and the western bloc were…
Search Results for: iba rules on the taking of evidence
Enforcement in Romania of Awards Set-Aside at their Seat
…the matter, albeit without predetermining any future decision on different future facts. The relevant rules are contained in arts. 1096-1098 of the Romanian Civil Procedure Code and provide for basic…
International Arbitration on Oil Stock Purchase Agreements, Prepaid Oil Agreements and Gas Projects within Latin America
…UNCITRAL Arbitration Rules in effect at the time of termination of the agreement. The administrative center is the Singapore International Arbitration Centre (“SIAC”) in accordance with its practice rules and…
Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, International arbitration, Nigeria
Finality of Arbitral Awards in Nigeria- Separating Harm from Hubris (Part 1)
…aside by the Common Court for Justice and Arbitration (CCJA) on the basis solely that against the rules of OHADA, the arbitrators had negotiated an upward review of their fees!…
Arbitration Institutions: Five Things Your Website Must Do To Attract Cases
…dispute professionals ourselves, we probably share many interests. For example, are you considering expedited arbitration rules, guidelines for efficient conduct of disputes, ODR rules, or combining mediation and arbitration? Have…
NAFTA Renegotiations Present an Opportunity to Strengthen ISDS’ Public Policy Perspective
Chapter 11: Where Investors Go to Complain NAFTA renegotiations began last year and, with attention once again on this 23-year old trade deal, critics are taking the opportunity to voice…
Recognition and Enforcement of Foreign Arbitral Awards in Ukraine: The Impact of the New Procedural Codes
…are made available against third parties and can be ordered at any stage of the procedure, both prior to and after initiating the recognition procedure. Conclusion The revised rules introduced…
Problems of Ad Hoc Arbitration in Armenia
…failure or impossibility to act, and article 27 on court assistance in taking evidence shall be performed by the court of the place of arbitration (emphasis added). Meanwhile, the rest…
The UNCITRAL Technical Notes on Online Dispute Resolution – Paper Tiger or Game Changer?
…it was not to prepare a new set of arbitration rules (UN Doc A/CN.9/721, para. 17). Its mandate included drafting a generic set of procedural rules which were intended to…
Anticipatory Renunciation to Challenge Arbitral Awards Under Swiss Law – An Update
…UNCITRAL Arbitration Rules, which the parties had chosen (art. 32 (2) of the 1976 Rules). Secondly, the parties could not have wanted to solely renounce an appeal stricto sensu for…
A Question of Fairness: Why Costs Submissions should not be Overlooked by Tribunals
…the opportunity to make submissions. While decided under English law, the case is of international relevance, not least because similar considerations will apply under the major institutional rules and in…
ICSID, ICSID Arbitration, ICSID Convention, International Court of Justice, Jurisdiction, Jurisdiction of the arbitral tribunal, Venezuela
When the Bell Doesn’t Save You: Favianca and Jurisdiction After ICSID Denunciation
…the claims on other grounds and that Rusoro was under Additional Facility Rules. For example, the Tribunal in Blue Bank concluded that it had jurisdiction over claims filed within the…
The Three Hottest Energy Arbitrations of 2017
…involved, and the size of the claims, all partake of the popularity of energy arbitration. It remains to be seen whether 2018 will be taking a step in the same…
Non-existence of Contract: An Often Raised Challenge at Recognition and Enforcement Stage in China
…only be ascertained by analyzing the faxed copy and other evidence materials provided by the parties. As ECOM failed to provide any other evidence materials except for the faxed copy…
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
…key principle for the EU and a major source of growth. However, concerns have recently been voiced about foreign investors, notably state-owned enterprises, taking over European companies with key technologies…
Delhi High Court’s decision in GMR v. Doosan: Two steps forward, two steps back?
…not much evidence of funds being co-mingled other than the corporate guarantee and MOUs. This, by itself, does not validate piercing the corporate veil to subject a party to the…
Judicial Reform in Saudi Arabia: Recent Developments in Arbitration and Commercial Litigation
…in accordance with predictable rules. Recognizing the need to foster a landscape where foreign investors can resolve disputes fairly and with efficiency, Saudi Arabia has recently undertaken myriad reforms in…
Mind the Label: Loyalists and Reformists and ISDS
…(eg the development of model rules), many states have delegated their representation to arbitration practitioners. There was a concern that having states represented by arbitration practitioners in the reform discussions…
Artificial Intelligence, HKIAC Rules, Investment Arbitration, NAFTA, SCC Rules, Singapore, Summary Judgment, Summary procedure, Third party funding, TPPA
2017 Year-in-Review: Top 5 in International Arbitration
…rules in Appendix III of the 2017 SCC Rules. SIAC and the SCC were the first major arbitration institutions to offer rules for commercial arbitrations and specialized rules for investment…
The Key to Unlocking the Arbitrator Diversity Paradox?: Arbitrator Intelligence
…2018 New Year begins, consider taking the few minutes necessary to complete AIQs at the end of each case. Join the several law firms that have agreed to provide retrospective…
The Quest for Uniformity in Ethical Standards for Party Representatives in International Arbitration
…under the LCIA Rules. They provide guidance in areas such as ex parte communications with arbitrators, submissions to the tribunal, disclosure and the preparation of evidence. In the event of…
The Contents of Journal of International Arbitration, Volume 34, Issue 6, 2017
…competition law is of practical importance because of the increasing number of cases in which arbitrators are called on to apply competition rules. This article addresses both the theoretical and…
The Duty of Disclosure and Conflicts of Interest of TPF in Arbitration
…the CAM-CCBC. Last year, the Center issued a Recommendation on the disclosure of Third-Party Funding, a mere recommendation that is not encompassed by the institution’s Procedural Rules. Something that does…
How to Enforce an ICSID Award in Spain: The Legal Framework, the Competent Authority, and the Procedure
…procedural rules. With the sole exceptions which may be stipulated in international treaties and conventions, civil procedure taking place in Spain shall only be regulated by Spanish procedural rules. ↑3…