…multi-party and multi-contract issues under Article 6(4) of the ICC Rules. Looking Ahead to Collaboration and Innovation The 19th ICC New York Conference showcased the importance of adaptability in…
…the issuance of provisional measures under Article 47 of the ICSID Convention and Rule 47 of the ICSID 2022 Arbitration Rules. In its decision, in particular, the Tribunal had to…
…companies. 2022 saw a reform of the arbitration rules of the International Center for Settlement of Investment Disputes (“ICSID” and “ICSID Rules”) and the introduction of a provision on security…
…its Guidelines on Conflicts of Interest in International Arbitration. A key innovation of the new IBA Guidelines was the introduction of rules that enhance the role of parties and lawyers…
…some compelling criticisms of the Rules on the Efficient Conduct of Proceedings in International Arbitration (Prague Rules). Points made included the use of ‘emotional’ language (“[…] if a party insists…
…an economic advantage falling within State aid rules. The General Court then addressed the applicants’ theory that the payment under the award could not be imputable to Romania, and thus…
…rules for the autonomous taking of evidence through arbitral proceedings (the “Rules”). This development, and the general trend it tends to set, builds on the continuous improvement of Brazil as…
…for domestic arbitration, including: It eliminates the possibility of applying Costa Rican procedural rules to arbitration, an interference that for many years judicialized arbitration and distorted its principles. It restricts…
…serious infringement of rules (see José Alberto Allende Pérez de Arce (2019): “El Recurso de Queja,” Ediciones Universidad Católica de Chile, Santiago, Chile). In this case, the respondents considered that…
…December 2023, Aiteo lodged a challenge to DEG’s appointment as arbitrator pursuant to Article 14(1) of the ICC Rules, on the basis that there were justifiable doubts as to the…
…concurrent delay, the 2017 version requires the parties to adopt rules and procedures to deal with this issue. Many contracts now include an anti-concurrency clause, where the contractor would not…
…introduced new taxation rules—to the displeasure of many investors, including Natland, who claimed damages in the amount of at least 1.8 billion Czech koruna (78 million US dollars) for breach…
…Respondent was not authorized by the Respondent given no power of attorney was submitted to the SIAC. The PRC court thoroughly analyzed the facts and consented to SIAC’s rules and…
…the materials were defective. The arbitration was conducted under the procedural rules of the Centre of Arbitration and Mediation of the Chamber of Commerce of Santiago (“CAM Santiago”), and the…
…the Terms of Reference, the 2012 ICC Arbitration Rules, and, in the absence of any rule, the rules deemed appropriate by the Sole Arbitrator. Citic submitted two Chinese-language witness statements…
…ICSID Convention, UNCITRAL Rules, ICC Rules and the New York Convention. Through this mechanism, the legislature allowed for the possibility of the domestic law being transformed into a source of…
…by recalling the well-established rules that: it must assess an arbitrator’s independence and impartiality by identifying any circumstance likely to affect the arbitrator’s judgment and create a reasonable doubt, in…
…from a relatively informal mode of dispute resolution to one that is governed by a substantial body of procedural rules, the professionalisation of arbitration, the shift from an alternative mode…
…order parties to engage in ADR, and the proposed amendments to the English Civil Procedure Rules to include the use of ADR as part of the rules’ overriding objective. …
…Kingdom’s Arbitration Act 1996. 4. UNCITRAL Rules Both the IMJB and the AA state that parties to arbitral proceedings may agree to adopt the UNCITRAL Rules (see section 32…
…In institutions such as CIETAC, guidelines on evidence were published containing similar rules as the IBA Rules on the Taking of Evidence. Due to the lack of a systematic regime…
…institutions, the HKIAC Arbitration Rules promote the effective use of technology (including AI) in international arbitration. It remains to be seen whether the HKIAC will provide further guidance on the…
…2024 Rules and have done a series of roadshows in different jurisdictions, with more in the pipeline. We will also issue additional guidance on the 2024 Rules, so please look…
…by recent trends and practices. Users expect institutional rules to be updated to provide the most efficient mechanism for resolving their disputes. Until arbitration rules have been amended, the proposed…
