Search Results for: prague rules

Accountability, Anonymity of arbitrators, Apparent bias, arbitrators’ conduct, Breach of natural justice, Fair hearing, International arbitration, Scope of Confidentiality, Set aside an international arbitral award, Trust

(HFW Singapore LLP) and / /Leave a comment

…an arbitration clause that provided for disputes to be resolved by arbitration seated in Singapore, commenced under the rules of arbitration of the International Chamber of Commerce (“ICC”). In 2020,…

Arbitration Reform, Arbitrator Challenges, Domestic arbitration, Latin America, Uruguay

(LL.M. Candidate in International Dispute Settlement (MIDS)) and (Bomchil)/ /Leave a comment

…most arbitration rules and principles related to arbitrators’ challenges. Parties wishing to avoid this issue may opt for the application of arbitration rules (such as the UNCITRAL Rules) which hold…

Ad hoc arbitration, Arbitration Agreement, China, Competence-Competence, Interim measures, PRC, Seat of the arbitration, Validity

, (Hui Zhong Law Firm)/ /Leave a comment

…commission”; and arbitration agreements designating the application of foreign arbitration rules such as the ICC Rules are of questionable validity under PRC Arbitration Law. Another consequence is that ad hoc…

Bifurcation of proceedings, North America, United States, USA

(WU (Vienna University of Economics and Business) - Institute for Accounting and Auditing)/ /Leave a comment

…initiated under Article 1120(1) of the NAFTA and Article 3 of the Arbitration Rules of the United Nations Commission on International Trade Law of 1976 (“the Rules”). The Claimant asserted…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

…rules used by arbitral tribunals and national courts acting in arbitration-related litigation (as opposed to courts acting in an insolvency capacity). These rules are primarily the New York Convention (“NYC”)…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

…choice-of-law regime in favour of the lex fori concursus is directly incompatible with this philosophy and it is very unclear that the rules on coordination will be sufficient to overcome…

Energy Charter Treaty, Investor-State arbitration, Investor-state tribunals, ISDS, Procedure, Provisional measures

(Università degli Studi di Trieste and Luiss Guido Carli)/ /Leave a comment

…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…

EU Competition Law, EU Law, Europe, European Court of Justice, European Law, European Union, Micula, State Aid

(Curtis, Mallet-Prevost, Colt & Mosle)/ /Leave a comment

…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…

Construction, Dispute boards, Experts, FIDIC, ICC

(Lee & Ko) and (Lee & Ko LLP)/ /Leave a comment

…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…

Chile, International Commercial Arbitration, Latin America, Multiple parties

(Pellegrini & Rencoret)/ /Leave a comment

…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…

Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Latin America

(Ferro Castro Neves Daltro & Gomide Sociedade de Advogados) and (FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados)/ /1 Comment

…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…