…how non-institutional (or non-administered) arbitrations are conducted in Kenya when the parties have agreed to use the rules of the Chartered Institute of Arbitrators (Kenya Branch). Kenya’s Arbitration Rules introduce…
…rules. In light of the agreement, the UK government may look to claim that, by granting EU vessels continued access to UK waters, it is now in compliance with the…
…possibilities, but certainly more limited, recourse for claimant investors. International Perspectives The second panel picked up from the perspective of the global, multilateral system of rules and alliances spearheaded by…
…been driven by a laissez-faire ideal of party autonomy. The most popular sets of procedural rules provide for almost unlimited liberty of parties to appoint arbitrators—as long as these arbitrators…
…preferred seat for international arbitration, providing clearer rules and a stronger enforcement regime. Most leading arbitration jurisdictions (e.g., UK and Singapore) separate arbitration from other ADR methods, making arbitration more…
…as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles.”…
…and arbitral institutions are debating whether disclosure should be mandatory. The ICC (International Chamber of Commerce) and SIAC (Singapore International Arbitration Centre) have introduced soft guidelines and rules on funder…
…under the Grain and Feed Trade Association Arbitration Rules. The court deemed the tribunal’s award of a fixed sum, which lacked proof of harm or of any attempt by the…
…DRC, the parties were bound by the DRC Mediation & Arbitration Rules (the “Rules”), which mandated arbitration. Article 69 of the Rules provided that “[u]nless the parties agree otherwise, the…
…is tribunal discretion under Article 38 of the ICC Rules or other similar institutional rules? The decision raises fundamental questions: Did the tribunal exceed its authority by allocating costs for…
…such issues, including the Blockchain Expedited Arbitration Rules by the London Chamber of Arbitration and Mediation(LCAM), aimed at resolving disputes in the Web3 and digital asset space, and the UNCITRAL…
…required to do so. AAA-ICDR offers high-level principles, but no procedural rules. Thus, depending on the guideline followed, an arbitrator using the same AI tool might require party consent, mere…
…decisions that ultimately must be incorporated into the final award to have a binding effect. While institutional rules governing emergency arbitration were said to vary, unpredictability remains a common risk….
…appeal may stem from either the arbitration agreement itself or the arbitration rules agreed upon by the parties. Regarding Article 34(2) of the UNCITRAL Arbitration Rules, the Court of Appeals…
…The panel highlighted some of the existing frameworks such as the ICSID Mediation Rules, the ECT Mediation Protocol, UNCITRAL Working Group III and its discussions regarding a model mediation provision…
…on the applicable rules or agreements between the parties, awards may be published, and hearings may be recorded and made publicly available online. The panel emphasized that while transparency can…
…Convened in accordance with the Chatham House Rules and moderated by Frederico Singarajah (Gatehouse Chambers), the session brought together a distinguished panel comprising Jeffrey Elkinson (Carey Olsen), Professor Loukas Mistelis…
…Personalizing Fairness and Enhancing Party Autonomy The CAI framework could enable parties to jointly define a “constitution” comprising procedural principles, jurisdiction-specific rules, or ethical guidelines that reflect their shared expectations…
…increasingly building this through multilingual accessibility, regular institutional rules’ revision cycles, and maintaining a visible and respected position within both the arbitration and business communities. On the question of evolving…
…without formal fast-track rules and emphasized the broader importance of adaptability across arbitral frameworks. On emergency arbitration, he highlighted the delicate balance between avoiding judicial overreach and ensuring timely court…
…respond to the tribunal’s factual findings (see here). Notably, courts consistently reject national judicial rules and practices when interpreting these principles (see here). However, different approaches regarding iura novit curia…
…James Castello highlighted a key challenge in international arbitration: the lack of international rules that could uniformalise counsel conduct. With practitioners operating under different national legal systems, expectations around professional…
…process. She further highlighted the role of “juges d’appui” (or “supporting judges”), who step in when institutional rules are silent or to secure assets or evidence, without interfering with the…
…and historical ties. Furthermore, CIAM-CIAR offers an innovative set of rules, designed to ensure efficiency, transparency, and flexibility. Its administration is exclusively dedicated to international arbitrations. CAM Santiago will benefit…
